- 1 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104993 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. ABDULREHAMAN S/O NAJEERAHEMMAD MUNSHI AGE 48 YEARS, OCC. SOCIAL WORK R/O. NEHARUNAGAR, TQ. ALNWAR, DIST. DHARWAD-581103. 2. SMT. MAIRUNNISA D/O. NAJEERAHEMMAD MUNSHI AGE 45 YEARS, OCC. HOUSEHOLD R/O. NEHARUNAGAR, TQ. ALNWAR, DIST. DHARWAD-581 103. …PETITIONERS (BY SRI. M.M. KORIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY S.P.P., HIGH COURT OF KARNATAKA DHARWAD BENCH, REPRESENTED BY ALNVAR POLICE STATION, ALNWAR, DIST. DHARWAD. 2. SMT. RUBINA W/O. SANAVULLA BASAPUR AGE 33 YEARS, OCC. HOUSEHOLD WORK, R/O. NEHARUNAGAR, NEAR MADANI MASJID, TQ.ALNAWAR, DIST.DHARWAD-581103. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. C.S. NAGASHETTI, ADVOCATE FOR R2) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:25 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO QUASH THE CHARGE SHEET IN SPL.SC NO.15/2024 PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS COURT DHARWAD, AT DHARWAD AGAINST PRESENT PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 2, FOR THE OFFENCES PUNISHABLE U/S 354(A), 509, 323, 504, 506 OF IPC AND SECTION 12 OF POCSO ACT AGAINST THE PETITIONER NO.1 AND SECTION 504 AND 506 OF IPC, AGAINST THE PETITIONER NO.2 TO MEET THE ENDS OF JUSTICE. 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 M.M. Korimath, learned counsel for the petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1, and Sri C.S. Nagashetti, learned counsel for respondent No.2. 2. The petitioners are the accused persons in Special SC No.15/2024 on the file of the II Additional District and Sessions Judge, Dharwad, for offences punishable under Sections 354(A), 509, 323, 504, and 506 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences Act (POCSO) have sought for quashing the charge sheet. - 3 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 3. The facts of the case, in brief and for the purposes of disposal of the present petition, are as follows: 4. Based on a complaint lodged by the mother of the victim girl, Alnavar Police registered a case in Crime No.2/2024, which was thoroughly investigated and a charge sheet filed for the aforesaid offences. 5. As against accused No.1, gist of Column No.17 of the charge sheet reveals that on 02.01.2024, at about 10:30 a.m., when the victim girl was sitting on the platform of her house, accused No.1, knowing that the victim girl was a minor and with an intention of sexual advancement, exposed his private parts and called her to the toilet. Frightened by the actions of the accused, the victim girl went inside her house, whereupon the accused followed her, abused her in filthy language, and threatened her life. Assaulted the brother of the victim girl with a stone. 6. As against Accused No.2, when members of the victim girl’s family enquired about the indecent act of - 4 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 accused No.1, at about 04:00 p.m., accused No.2 abused the complainant party, displayed a sickle, and threatened their lives. 7. The learned Special Judge, after registering the case, took cognizance of the offences, summoned the accused persons, and is proceeding with the trial. 8. Being aggrieved by the same, the petitioners are before this Court. 9. Sri M.M.Korimath, learned counsel for the petitioners would contend that the victim girl while furnishing her statement before the PSI has not stated any ingredients to attract the offences alleged against the petitioners and therefore, very filing of the charge sheet has resulted in abuse of process of law. 10. He would further contend that entire allegations made against the petitioners are imaginary in nature as no such incident has taken place and with an ulterior motive, a false case came to be filed against the petitioners herein - 5 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 which has resulted in filing a false charge sheet by improper and perfunctory investigation resulting in abuse of process of law and sought for quashing the pending proceedings. 11. In support of his arguments, Sri M.M.Korimath would invite the attention of this Court in the case of Kailashben Mahendrabhai Patel v. State of Maharashtra, reported IN 2024 SCC OnLine SC 2621 and invited the attention of this Court to Paragraph No.9, 9.3 and 10 which reads as under: 9. The FIR in this case is rather unique, in as much as the complainant has chosen not to involve her husband in the criminal proceedings, particularly when all the allegations relate to demand of dowry. It appears that the complainant and her husband have distributed amongst themselves, the institution of civil and criminal proceedings against the appellants. While the husband institutes the civil suit, his wife, the complainant has chosen to initiate criminal proceedings. Interestingly, there is no reference of one proceeding in the other. On 27.02.2013, the husband filed the Special Civil Suit No. 35 of 2013 in Anand against the three appellants, i.e. his father, stepmother and stepbrother seeking for a declaration that the property is ancestral in nature and that the father has no right to alienate or dispose of the property. In that suit the husband also sought a declaration that he is entitled to use the trademark of the family business. Though the written statement filed by the appellants in the suit is brought on record, we are not inclined to examine the details of the civil dispute, but suffice to note the existence of a highly contentious civil dispute between the complainant's husband at one hand and her father-in-law and others on the other hand. - 6 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 9.3 The duty of the court, when FIR has predominating and overwhelming civil flavour is also reflected in the opinion of this Court in Jaswant Singh v. State of Punjab, this court observed that: “19. From the above discussion on the settled legal principles, it is clear from the facts of the present case that there was a clear abuse of the process of the Court and further that the Court had a duty to secure the ends of justice. We say so for the following reasons; a) The allegations made in the FIR had an overwhelmingly and predominatingly a civil flavour inasmuch as the complainant alleged that he had paid money to Gurmeet Singh, the main accused to get employment for his son abroad. If Gurmeet Singh failed the complainant could have filed a suit for recovery of the amount paid for not fulfilling the promise. … 20. In our considered view, the High Court erred in firstly not considering the entire material on record and further in not appreciating the fact that the dispute, if any, was civil in nature and that the complainant had already settled his score with the main accused Gurmeet Singh against whom the proceedings have been closed as far back as 26.09.2014. In this scenario, there remains no justification to continue with the proceedings against the appellant.” 10. We will now examine the ‘specific allegations’ in the FIR/complaint. Firstly, the complainant referred to certain items which are said to have been given by her father at the time of marriage. These items are (i) one Scorpio car; (ii) T.V.; (iii) fridge; (iv) DVD Tape; (v) silver utensils; (vi) 100 to 150 tolas gold; (vii) and Rs. 5 lacs. This allegation relates to the year 2002 and the present complaint is of the year 2013. It is important to mention at this very stage that identical allegations in a DV case filed by the complainant were taken up at trial and the Judicial Magistrate, First Class had disbelieved the complainant's version. We will be dealing with the judgment of the Judicial Magistrate, First Class in - 7 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 little more detail in the succeeding paras of the judgment. The second allegation relates to a bare statement that there exists a joint locker and that the keys of the said locker are with her stepmother-in-law, that is the appellant no. 1. Even on this, the Judicial Magistrate, First Class has observed that there are no details whatsoever, about the bank or the locker. 12. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that the alleged contradictions are to be confronted to the witnesses during the trial and sufficient material is available on record from the complaint averment itself to attract the offence under Section 12 of POCSO Act especially the victim girl being the minor. 13. Further, it is to be noted that second petitioner who is the mother of the first petitioner, offence under Section 12 of the POCSO Act is not invoked against her and therefore, the grounds urged in the petition are not sufficient to quash the pending criminal case. - 8 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 14. Sri C.S.Nagashetti, learned counsel for the second respondent/defacto complainant would support the filing of the charge sheet. 15. Having heard the arguments of both sides, this Court perused the material available on record meticulously. 16. On such perusal of the material law on record, it is noted that the FIR filed by the second respondent has now resulted in filing the charge sheet. 17. The offence alleged against the first petitioner is Section 12 of the POCSO Act apart from the IPC offences. Insofar as second petitioner who is the sister of the first petitioner is concerned, she gave life threat to the complainant party at 04.00 p.m. on the same day when the complainant party had gone to the house of the second petitioner to enquire about the indecent action of the first petitioner. 18. The contradictions that has been pointed out by the learned counsel for the petitioners in the form of charge - 9 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 sheet especially the statement of the victim before the PSI is a matter that has to be considered during the trial. 19. However, for the time being for the purpose of considering the petition prayer, this Court is satisfied that the prima facie materials are available that a minor girl has been the victim of an indecent incident committed by the first petitioner. 20. Whether at all the incident is true or not and whether any ingredients to attract the offence under Section 12 of POCSO Act has taken place or not cannot be decided by this Court at this stage by holding a mini trial. 21. Suffice to say that the material on record would justify the filing of the charge sheet for the aforesaid offences by the jurisdictional police. 22. Petitioners are always at liberty to contradict the witnesses during the trial by confronting the necessary materials available in the charge sheet and then seek for necessary orders at the hands of the learned Special Judge. - 10 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 23. Ultimately if the petitioners succeed in establishing that the entire incident is a false incident and a false case has been foisted against them by the complainant party with ulterior motive, they may take necessary action against the second respondent herein for malicious prosecution. 24. Reserving such right for the petitioners, this Court does not find any good grounds to quash the pending charge sheet. 25. Having said so, there cannot be any dispute as to the principles of law enunciated in Kailashben Mahendrabhai Patel. But the facts of the case therein would only deal with the filing of an FIR and not on the question of investigated matter and filing charge. Therefore, the same is not applicable to the case on hand. 26. Accordingly, following: ORDER i. Petition is dismissed. - 11 - HC-KAR NC: 2026:KHC-D:1853 CRL.P No. 104993 of 2025 ii. Observations made by this Court during the course of this order shall not affect the merits of the case to be adjudicated in the pending trial in accordance with law. Sd/- (V.SRISHANANDA) JUDGE AC_para 1 to 8 CLK_para 9 to end CT-CMU LIST NO.: 1 SL NO.: 48