- 1 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100075 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHARANAPPA CHAKOTI, S/O SHANKARAPPA CHAKOTI AGE. 41 YEARS, OCC. AGRICULTURE, R/O. HERUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. 2. SHANKARAPPA, S/O SHANMUKHAPPA CHAKOTI AGE. 67 YEARS, OCC. AGRICULTURE, R/O. HERUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. 3. SMT. CHANNAMMA, W/O SHANKARAPPA CHAKOTI AGE. 62 YEARS, OCC. HOUSEHOLD, R/O. HERUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. 4. SMT. SUMITRA D/O SHANKARAPPA AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. HERUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. 5. BASAVARAJ S/O MALLIKARJUNA LAYADUNASI AGE. 59 YEARS, OCC. AGRICULTURE, R/O. HERUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. …PETITIONERS (BY SMT. M.A. MAKANDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY RURAL POLICE STATION, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 GANGAVATHI, DIST. KOPPAL, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. DHARWAD BENCH-580011. 2. SMT. VIDYASHREE W/O SHARANAPPA, (D/O. S. BASAVARAJAGOUDA) R/O. UPPAR HOSALLI, POST. TEKKALAKOTI, TQ. SIRAGUPPA, DIST. BALLARI-583122. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. KUSHAL V. BOLMAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR DATED 06.12.2023 REGISTERED IN GANGAVATHI RURAL POLICE STATION IN CRIME NO.249/2023 FOR THE OFFENCES PUNISHABLE U/S 498A, 323, 504, 506 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT, GANGAVATHI, SO FAR AS THE PETITIONER/ACCUSED NO.1 TO 5 ARE CONCERNED, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Smt.M.A.Makandar, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Kushal V.Bolmal, learned counsel for respondent No.2. 2. Petition under Section 482 Cr.P.C. with the following prayer: - 3 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 “to quash the complaint and FIR dated 06.12.2023 registered in Gangavathi Rural Police Station in Crime No.249/2023 for the offences punishable u/s 498A, 323, 504, 506 r/w section 34 of IPC, pending on the file of Prl.Civil Judge and JMFC Court, Gangavathi, so far as the petitioner/accused no.1 to 5 are concerned, in the interest of justice.” 3. Facts of the case are as under: 3.1 First petitioner married the second respondent as per Hindu Rites and Customs on 05.06.2014 in Herur Village in Virupanna temple. At the time of marriage, 9 tola gold and ₹5,00,000/- of cash apart from the customary requirements were met. After the marriage, second respondent joined the matrimonial home for a brief period. There was a happy married life and thereafter, there were differences and petitioners used to abuse the second respondent and used to ill-treat her on the ground that she did not bring any handful dowry in the form of properties. 3.2 Three daughters were born in the marriage and after the third delivery, the ill-treatment continued stating that she has given birth to three daughters and therefore, she should not - 4 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 continue in the matrimonial home and she was sent to her parental place. 3.3 Panchayath convened, did not yield desired result. When the matter stood thus, on 20.11.2023 at about 08:00 p.m., all the petitioners joined together and sent the petitioner out of the matrimonial home. She has intimated the same over telephone and elder brother of the second respondent by name Sridhar came and took her to parental house. On 06.12.2023 at about 11:00 a.m., when the elder brother of the second respondent took the second respondent and her children to the matrimonial home, petitioners herein abused him also in a filthy language and told him that all the four should be pushed to well. 3.4 In respect of the said incident, complaint came to be lodged at about 04:00 p.m. with Gangavati Rural Police Station and police registered the case in Crime No.249/2023 for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 IPC and thereafter, investigated the matter and filed charge sheet. - 5 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 4. Learned trial Magistrate took cognizance of the aforesaid offences and summoned the accused persons and proceeding with the case. 5. Order taking cognizance, issue of process is called in question in this petition. 6. Smt.M.A.Makandar, learned counsel for the petitioners, reiterating the grounds urged in the petition, vehemently contended that a false case has been foisted against the petitioners and sought for allowing the petition. 7. She would further contend that petitioners No.2 to 5 did not share the common roof; they are residing in the same house. 8. She would further contend that petitioners No.4 and 5 are residing elsewhere and therefore, continuation of the criminal proceedings as against them is totally unwarranted and sought for allowing the petition. 9. Per contra, Smt.Kirtilata R.Patil and Sri Kushal V.Bolmal would support the order undertaking cognizance and proceeding with the case. - 6 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 10. Sri Kushal V.Bolmal would further contend that the very fact that the petitioners did not allow the second respondent to join the matrimonial home would only indicate that they are not interested in saving the marriage. 11. He would further contend that begetting three daughters is not the mistake of the second respondent and therefore, she cannot be blamed for the same and sought for dismissal of the petition. 12. Having heard the arguments of both sides, this Court perused the material on record meticulously. 13. On such perusal of the material on record, it is crystal clear that the marriage has taken place in the year 2014 and three daughters have been born in the wedlock. There is a specific instance in the complaint itself that on 20.11.2023, there was a quarrel and second respondent and her daughters were pushed out of the matrimonial home at about 08.00 p.m. 14. Elder brother of the second respondent, Sridhar took them to parental house and when he tried to join the second respondent with her children to the matrimonial home on - 7 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 06.12.2023 at about 11:00 a.m., there was an incident which has resulted in altercation, wherein not only the second respondent and her children were entertained in the matrimonial home, but also filthy language has been used against elder brother of the second respondent and there is a flat refusal to take them back to the matrimonial home. 15. These aspects of the matter has been investigated by the police. However, on perusal of the material placed on record namely Aadhar card, petitioners No.4 and 5 are residing separately and they did not share the common roof. 16. Petitioner No.1 is the husband and petitioners No.2 and 3 are the parents-in-law of respondent No.2. Accordingly, the criminal proceedings have to be continued insofar as petitioners No.1 to 3 and continuation of the criminal proceedings insofar as petitioners No.4 and 5 is unnecessary in view of the principles of law enunciated in the case of Kahkashan Kausar @ Sonam and others v. State of Bihar and others reported in (2022) 6 SCC 599 on the ground that they did not share the common roof and allegations found against them is omnibus in nature. - 8 - HC-KAR NC: 2026:KHC-D:2087 CRL.P No. 100075 of 2024 17. Accordingly, following: ORDER i. Petition is allowed in part. ii. Petition prayer insofar as petitioners No.1 to 3 is hereby rejected. iii. Petition is allowed insofar as petitioners No.4 and 5. iv. Consequently, pending proceedings before the JMFC, Gangavati arising out of Crime No.249 of 2023 is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 1 SL NO.: 56