- 1 - HC-KAR NC: 2026:KHC-D:793 CRL.P No. 103454 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103454 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SAMSON S/O Y. ELIAS SAMUEL YELNATY AGED ABOUT 50 YEARS, OCC. ENGINEER, R/O. #25, MARY XAVIEW MOTHER THERESA COLONY, GADAG ROAD, HUBBALLI, DIST. DHARWAD 580009. 2. SOLOMAN S/O Y. ELIAS SAMUEL YELNATY AGED ABOUT 53 YEARS, OCC. PRIVATE SERVICE, R/O. #37A, MARTIN GADAG ROAD, SADASHIV COLONY, HUBBALLI, DIST. DHARWAD 580009. 3. PADMA W/O SOLOMON YELNATY AGED ABOUT 49 YEARS, OCC. HOUSEHOLD, R/O. #37A, MARTIN GADAG ROAD, SASASHIV COLONY, HUBBALLI, DIST. DHARWAD 580009. 4. JHON S/O Y. ELIAS SAMUEL YELNATY AGED ABOUT 44 YEARS, OCC. PRIVATE SERVICE, R/O. #279, JANTA COLONY, BEHIND ANTIOCH CHURCH, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580009. 5. ARATI W/O JHON YELNATY AGED ABOUT 44 YEARS, OCC. RAILWAY EMPLOYEE, R/O. #279, JANTA COLONY, BEHIND ANTIOCH CHURCH, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580009. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:793 CRL.P No. 103454 of 2022 6. BABU S/O Y. ELIAS SAMUEL YELNATY AGED BOUT 43 YEARS, OCC. RAILWAY EMPLOYEE, R/O. #279, JANTA COLONY, BEHIND ANTIOCH CHURCH, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580009. 7. BENNYSON S/O Y. ELIAS SAMUEL YELNATY AGED ABOUT 48 YEARS, OCC. PRIVATE SERVICE, R/O. #279, JANTA COLONY, BEHIND ANTIOCH CHURCH, DUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST. DHAWAD 580009. 8. RAJA S/O Y. ELIAS SAMUEL YELNATY AGED ABOUT 37 YEARS, OCC. PRIVATE SERVICE, R/O. #279, JANTA COLONY, BEHIND ANTIOCH CHURCH, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580009 …PETITIONERS (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH WOMEN POLICE STATION HUBBALLI, REPRESENTED BY SPP HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD 580005. 2. SMT. SHOBHANA YELNATY SAMSON W/O SAMSON YELNATY AGE. 33 YEARS, OCC. HOUSEWIFE, R/O. SMART CITY APARTMENT, H.NO. 202, B BLOCK, KESHWAPUR, HUBBALLI, NOW AT H.NO. 18-B, MARUTINAGAR, BIRAMGUDA GRAMA, TQ. PADAMCHERU, DIST. SANGAREDDI, SATE TELANGANA 765025. …RESPONDENTS (BY SMT. KIRTILAT R. PATIL, HCGP FOR R1; R2 NOTICE HELD SUFFICIENT) - 3 - HC-KAR NC: 2026:KHC-D:793 CRL.P No. 103454 of 2022 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT DATED 18.09.2022 AND FIR REGISTERED 18.09.2022 BY THE WOMEN P.S. CRIME NO.72/2022 ON THE FILE OF 3RD ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI AGAINST THE PETITIONERS/ACCUSED NOS.1 TO 8 FOR THE OFFENCES PUNISHABLE U/S 498A, 323, 324, 341, 504, 506, R/W SECTION 149 OF IPC IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. H. M. Dharigond, learned counsel for the petitioners and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State. 2. During the course of hearing, a memo came to be filed by learned counsel for petitioners. 3. Placing the memo on record, the petition against petitioner No.1 is dismissed. 4. Having noticed from the material on record that petitioner Nos.2 to 8 are the brothers and relatives of petitioner No.1. Admittedly they living separately and they did not share common roof. As such they cannot be held - 4 - HC-KAR NC: 2026:KHC-D:793 CRL.P No. 103454 of 2022 responsible for the alleged offences committed by the petitioner No.1 in the matrimonial life with respondent No.2. 5. thus, following the dictum of the Hon'ble Apex Court in the case of Kehkashan Kausar @ Sonam and Others Vs. State of Bihar and Others1, this Court is of the considered opinion that the petition insofar as the petitioner Nos.2 to 8 are concerned need to be allowed and pending criminal proceedings are to be quashed against them. 6. Hence, the following: ORDER (i) The petition insofar as petitioner No.1 is concerned is dismissed by placing the memo on record. (ii) The petition is allowed insofar as petitioner Nos.2 to 8 are concerned. (iii) Consequently, proceedings in Crime No.72/2022 of Women Police Station, 1 (2022) 6 SCC 599 - 5 - HC-KAR NC: 2026:KHC-D:793 CRL.P No. 103454 of 2022 Hubballi-Dharwad, pending on the file of III Additional Civil Judge and JMFC, Hubballi, is hereby quashed insofar as petitioner Nos.2 to 8 are concerned. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 2 SL NO.: 18