- 1 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO.6652 OF 2019 BETWEEN: SMT. DR. VINUTHA H. K. W/O. SRI VIJAYAKUMAR AGED ABOUT 37 YEARS R/O. TARA CLINIC OPP. GOVERNMENT HOSPITAL KONANURU, ARAKALGUDU TALUK HASSAN DISTRICT-573 130 …PETITIONER (BY SRI V. R. BALARAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA BY S.H.O. OF KONANURU POLICE STATION HASSAN DISTRICT REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 2. SMT. DR. USHA M. G. W/O. SRI ANIL KUMAR H. N. AGED ABOUT 36 YEARS MEDICAL PRACTITIONER KONANURU TOWN AND HOBLI ARKALGUDU TALUK HASSAN DISTRICT-573 130 …RESPONDENTS (BY SRI M. R. PATIL, H.C.G.P., FOR R-1; R-2 IS SERVED AND UNREPRESENTED) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN S.C.NO.132/2018 IN RESPECT OF THE PETITIONER PENDING ON THE FILE OF LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 448, 504, 341, 323, 307, 427, 506 AND 355 OF IPC OF THE IST RESPONDENT POLICE. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question the criminal proceedings initiated against her by the respondent No.1 in C.C.No.1020/2017 for the offences punishable under Sections 448, 504, 341, 323, 307, 427, 506 and 355 of IPC, which was committed to the II Additional District and Sessions Judge, Hassan in S.C.No.132/2018. 2. (i) The respondent No.2 informed the respondent No.1 on 09.03.2017 that she is a Medical Practitioner and running a clinic named, 'Usha Clinic'. She claimed that on 08.03.2017 at about 11.00 a.m., when she was in the clinic, the petitioner trespassed into her clinic and assaulted her with hands and held her by her hair and assaulted her on chest, head and kicked on her stomach. She claimed that one Swetha, - 3 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 attendant and Rathna, who were in the clinic intervened and stopped the petitioner. She also alleged that the petitioner broke a windowpane and tried to stab her with a glass piece. (ii) Based on this, the respondent No.1 registered Crime No.65/2017 for the offences punishable under Sections 448, 504, 341, 323, 307, 427, 506 and 355 of IPC and took up investigation and filed charge-sheet. The case was thereafter committed to the District Court for further proceedings as the case was triable by the Court of Sessions. (iii) The petitioner is therefore, before this Court challenging the proceedings against her. 3. The learned counsel for the petitioner submits that the petitioner is innocent of the allegations against her. He contends that the injuries suffered by the respondent No.2 was simple in nature, which is evident from the wound certificate. He contends that the petitioner and respondent No.2 are married into the same family and both of them had issues with each other. He contends that the petitioner had also lodged a complaint against respondent No.2 in respect of which, a case in Crime No.67/2017 was registered by the police and - 4 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 thereafter, a charge-sheet was filed against respondent No.2. He also submitted that both the petitioner and respondent No.2 had assaulted each other over a minor family dispute. He therefore, contends that the prosecution of the petitioner for the offences punishable under Sections 307, 323, 506, 355 of IPC does not arise. He contends that the respondent No.2 did not suffer any grievous injuries so as to invoke Section 307 of IPC. Therefore, he contends that the impugned prosecution and the criminal proceedings against the petitioner should be set at nought. 4. The respondent No.2 is served and unrepresented. 5. The learned High Court Government Pleader for the respondent No.1 - State submitted that the injuries suffered by the respondent No.2 are simple in nature. However, he contends that the respondent No.2 alleged that the petitioner tried to stab her with a glass piece and therefore, charge-sheet was filed for an offence punishable under Section 307 of IPC. He does not dispute that the petitioner had also lodged a complaint against the respondent No.2 and a case in Crime - 5 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 No.67/2017 was registered under Sections 504, 323, 324 of IPC. 6. I have considered the submissions of the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent No.1 - State. 7. (i) It is not in dispute that the petitioner and respondent No.2 are given in marriage to the same family. It appears that the place of incidence of the crime was the clinic, where respondent No.2 was pursuing her profession. It appears that both the petitioner and respondent No.2 were involved in a scuffle resulting in injuries to both of them. The injuries suffered by the respondent No.2 are simple in nature and the same is evident from the wound certificate. Though respondent No.2 had alleged that petitioner attempted to stab her with a glass piece, investigating agency has not recovered the glass piece allegedly used to stab the respondent No.2. The wound certificate filed with the charge sheet discloses that the respondent No.2 had suffered the following injuries:- (i) tenderness over neck; (ii) tenderness over right wrist; (iii) tenderness over right side of chest; - 6 - HC-KAR NC: 2026:KHC:12759 CRL.P No. 6652 of 2019 (iv) abrasion of nasal mucosa over left side. (ii) These injuries are stated to be simple in nature and are normally sustained in a scuffle. Therefore, criminal proceeding against the petitioner was unwarranted, as it was a case of harm, which is not an offence under Section 95 of IPC. 8. In that view of the matter, the petition is allowed. The criminal proceeding initiated against the petitioner in S.C.No.132/2018 pending trial before the II Additional District and Sessions Judge, Hassan, for the offences punishable under Sections 448, 504, 341, 323, 307, 427, 506 and 355 of IPC, is quashed. Sd/- (R. NATARAJ) JUDGE PMR