- 1 - HC-KAR NC: 2026:KHC-D:1060 CRL.P No. 103619 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103619 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. LINGARAJ @ NINGAPPA S/O. RAMAPPA LAMANI, AGE. 33 YEARS, R/O. BHAIRAPUR, TQ. SAVANUR, DIST. HAVERI-581110. 2. LAKSHMIBAI @ LAXMIBAI NANYA NAIK W/O. NANYA NAIK AGE. 60 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMAGADI TANDA, TQ. SHIKHARIPUR, DIST. SHIVAMOGGA, KARNATAKA-577427. 3. CHANNAPPA @ CHANNAPP N., S/O. NANYA NAIK AGE. 32 YEARS, OCC. FARMER, R/O. CHIKKAMAGADI TANDA, TQ. SHIKHARIPUR, DIST. SHIVAMOGGA, KARNATAKA-577427. 4. UMABAI @ UMABAI PUTYA NAIK W/O. PUTYA NAIK AGE. 32 YEARS, OCC. LABOUR, R/O. CHIKKAMAGADI TANDA, TQ. SHIKHARIPUR, DIST. SHIVAMOGGA, KARNATAKA-577427. …PETITIONERS (BY SRI. L.S. SULLAD, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1060 CRL.P No. 103619 of 2024 AND: 1. STATE OF KARNATAKA THROUGH PSI, HAVERI WOMEN POLICE STATION, R/BY HGP DHARWAD BENCH, DHARWAD. 2. SMT. PUSHPA W/O. MALLYANAYAK AGE. 30 YEARS, OCC. TEACHER, R/O. NETAJINAGAR NOW AT KHANDERAYAN VILLAGE, TQ. RANEBENNUR, DIST. HAVERI-581115. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. MANJUNATH BARADOOR, ADVOCATE FOR SRI. NAVEEN CHATRAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE CHARGE SHEET FILED BY THE MAHILA POLICE STATION, HAVERI, IN CRIME NO.0061/2022, AND ENTIRE PROCEEDINGS IN CC NO.1657/2023, REGISTERED FOR OFFENCE PUNISHABLE U/S 498(A), 114, 323, 504, 506, 354, 34 OF IPC AND SECTION 4 OF DP ACT, ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND CJM COURT, HAVERI, AGAINST THE PETITIONERS/ACCUSED NO.3 to 6. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri L.S.Sullad, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Naveen Chatrad, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC-D:1060 CRL.P No. 103619 of 2024 2. Memo with documents filed by Sri L.S.Sullad. 3. On perusal of the memo and the documents, it is crystal clear that the petitioners are residing separately and they did not share the common roof along with the first accused and the second respondent at any given point of time. 4. Therefore, the petitioners cannot be held responsible for the offences punishable under Section 498A, 323, 504, 354, 307, 506, 380 read with Section 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. 5. In view of the authoritative principles of law enunciated by the Hon'ble Apex Court in the case of Kahkashan Kausar @ Sonam and others v. State of Bihar and others reported in (2022) 6 SCC 599. 6. Accordingly, a case is made out by the petitioners to allow the petition prayer. 7. However, it is made clear that quashing of proceedings as against these petitioners shall not come in the - 4 - HC-KAR NC: 2026:KHC-D:1060 CRL.P No. 103619 of 2024 way of adjudication of the criminal case insofar as the husband is concerned. 8. With that observation, following: ORDER i. Petition is allowed. ii. Pending criminal proceedings against the petitioners in C.C.No.1657/2023 on the file of Principal Senior Civil Judge and C.J.M., Haveri is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 2 SL NO.: 36