- 1 - HC-KAR NC: 2026:KHC-D:355 CRL.P No. 103041 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103041 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. ASHA W/O NOGA NAIK AGE. 55 YEARS, OCC. HOUSEHOLD WORK R/O. BELLEKERI, NOW AT: KENI, BADGERI, ANKOLA, TQ. ANKOLA, DIST. UTTAR KANNADA-581314. 2. NAMRATHA KUMARI W/O SATHISH PATAGAR @ NAMRATHA D/O NOGA NAIK AGE. 34 YEARS, OCC. HOUSEHOLD WORK R/O. BADA, TQ. KUMATA, NOW AT: VAKNALLI, TQ. KUMATA DIST. UTTARKANNADA-581332. 3. VISHNU S/O GOVIND NAIK AGE. 45 YEARS, OCC. TAILORING R/O. POLICE STATION VADA BELIKERI, TQ. ANKOLA, DIST. UTTAR KANNADA-581314. &PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ANKOLA POLICE STATION, SPP, HIGH COURT BUILDING, DHARWAD-580011. 2. KIRTHI W/O. SACHINKUMAR NAIK AGE. 33 YEARS, OCC- CIVIL ENGINEER, R/O. <SHANTI-NARAYAN=, NEAR SUNDAR NARAYAN TEMPLE, ANKOLA, TQ-ANKOLA, DIST. UTTAR KANNADA- 581314. &RESPONDENTS Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:355 CRL.P No. 103041 of 2022 (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. A.P. HEGDE JANMANE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CC NO.810/2021 FOR THE OFFENCES PUNISHABLE U/S 498A, 341, 323, 504 R/W 34 OF IPC, PENDING BEFORE THE JMFC COURT, ANKOLA AT DOCUMENT NO.4 IN SO FAR AS THE PETITIONERS/ACCUSED NO.2 TO 4 ARE CONCERNED AND ETC. THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri S.B.Doddagoudar, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri A.P.Hegde Janmane, learned counsel for respondent No.2. 2. These petitioners are parents of the petitioner-Sri Sachinkumar Noga Naik and parents-in-law of respondent No.2. Admittedly, they are living at Ankola and the husband and wife lived at Goa after separated away from the matrimonial home in the year 2021. 3. Therefore, very fact of registration of the case against the petitioners herein who are the parents-in-law of respondent No.2 is incorrect and cannot be countenanced in - 3 - HC-KAR NC: 2026:KHC-D:355 CRL.P No. 103041 of 2022 law in view of the principles of law enunciated by the Hon'ble Apex Court in the case of Kehkashan Kausar @ Sonam and Others v. State of Bihar and Others reported in (2022) 6 SCC 599. 4. However, Sri A.P.Hegde Janmane, learned counsel for respondent No.2 tried to distinguish the factual aspects of the case by contending that when the husband had taken away the child, and when the same was sought to be repatriated to the wife, there was a physical assault made by the present petitioners also. 5. It is pertinent to note that there are no details of the said incident in the complaint and therefore, only on the vague allegations, pending proceedings in C.C.No.810/2021 on the file of J.M.F.C. at Ankola insofar as the petitioners are concerned cannot be continued further as it would result in abuse of process of law. 6. Accordingly, following order is passed: ORDER i. Petition is allowed. - 4 - HC-KAR NC: 2026:KHC-D:355 CRL.P No. 103041 of 2022 ii. Pending proceedings in C.C.No.810/2021 on the file of J.M.F.C., Ankola insofar as the petitioners stands quashed. iii. It is made clear that mere quashing of the pending proceedings against the petitioners shall not act detrimental to the interest of the second respondent in the pending proceedings as against her husband. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 2 SL NO.: 31