Karnataka High Court
Pandappa S/O Venkappa Chalavar vs The State Of Karnataka on 6 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2327
CRL.P No. 100403 of 2025
C/W CRL.P No. 103224 of 2022
CRL.P No. 100493 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100403 OF 2025 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 103224 OF 2022
CRIMINAL PETITION NO. 100493 OF 2025
IN CRL.P. NO.100403 OF 2025:
BETWEEN:
1. PANDAPPA S/O. VENKAPPA CHAVALAR
AGE. 78 YEARS, OCC. AGRICULTURE,
R/O. RMAPURAPETH, RAMDURG,
DIST. BELAGAVI-591123.
2. VENKAPPA S/O. PANDAPPA CHAVALAR
AGE. 48 YEARS, OCC. AGRICULTURE,
R/O. RAMAPURAPETH, RAMDURG,
DIST. BELAGAVI-591123.
3. SAVITA W/O. VENKAPPA CHAVALAR
AGE. 41 YEARS, OCC. HOMEMAKER,
R/O. RAMAPURAPETH, RAMDURG,
DIST. BELAGAVI-591123.
...PETITIONERS
Digitally signed by B
K
MAHENDRAKUMAR (BY SRI. ANAND KUMAR ASHTEKAR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.02.13
12:09:53 +0530 AND:
1. THE STATE OF KARNATAKA
BY POLICE INSPECTOR, RAMDURGA,
POLICE STATION, RAMDURGA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. HEMA D/O. PANDAPPA CHAVALAR
AGE. 47 YEARS, OCC. HOUSEHOLD,
R/O. AUTO NAGAR, A.P.ROAD,
RAMDURGA 583101, DIST. BELAGAVI.
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CRL.P No. 100403 of 2025
C/W CRL.P No. 103224 of 2022
CRL.P No. 100493 of 2025
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528
OF BNSS), SEEKING TO QUASHING THE CHARGE SHEET DATED
24.12.2020 FILED BY THE RAMDURGA POLICE STATION
RAMDURGA P.S. CRIME NO.171/2020 (SUBSEQUENTLY
REGISTERED AS CC NO.86/2021 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, RAMDURGA) (PRODUCED VIDE
DOCUMENT NO.03), FOR THE OFFENCES PUNISHABLE U/S 323,
324, 354, 504 AND 506 R/W SECTION 34 OF THE IPC, 1860 AS
AGAINST THE PRESENT PETITIONERS/ACCUSED NO.1 TO 3.
IN CRL.P. NO.103224 OF 2022:
BETWEEN:
1. SATISH @ SATISHKUMAR
S/O. PANDAPPA CHAVALAR,
AGE. 43 YEARS, OCC. AGRICULTURE,
R/O. RAMAPUR PETH, TQ. RAMADURG,
DIST. BELAGAVI-591123.
2. PRAKASH S/O. PANDAPPA CHAVALAR
AGE. 38 YEARS, OCC. EX-SERVICEMAN,
R/O. RAMAPUR PETH, TQ. RAMADURG,
DIST. BELAGAVI-591123.
...PETITIONERS
(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
THROUGH RAMADURG POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD-580011.
2. SMT. SAVITA W/O. VENKAPPA CHAVALAR
AGE. 30 YEARS, OCC. HOUSWIFE,
R/O. RAMAPUR PETH, TQ. RAMADURG,
DIST. BELAGAVI-591123.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. ANAND KUMAR ASHTEKAR, ADVOCATE FOR R1)
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NC: 2025:KHC-D:2327
CRL.P No. 100403 of 2025
C/W CRL.P No. 103224 of 2022
CRL.P No. 100493 of 2025
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE CHARGE SHEET FILED AGAINST
THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 IN RAMADURG
POLICE STATION CRIME NO.7/2022 WHICH IS REGISTERED AS CC
NO.454/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC,
RAMADURG, FOR OFFENCES PUNISHABLE U/S 448, 354, 323, 324,
427, 504, 506 R/W SECTION 34 OF IPC.
IN CRL.P. NO.100493 OF 2025:
BETWEEN:
1. SMT. HEMA PANDAPPA CHAVALAR
AGE. 43 YEARS, OCC. SOFTWARE ENGINEER,
R/O. RAMPURPETH, RAMADURGA,
DIST. BELAGAVI-591123.
2. PRAKASH PANDAPPA CHAVALAR
AGE. 37 YEARS, OCC. SOFTWARE ENGINEER,
R/O. RAMPURPETH, RAMADURGA,
DIST. BELAGAVI-591123.
...PETITIONERS
(BY SRI. K.L. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH RAMDURGA POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. PANDAPPA VENKAPPA CHAVALAR
AGE. 75 YEARS, OCC. AGRICULTURE,
R/O. RAMPURPETH, RAMADURGA,
DIST. BELAGAVI-591123.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA FOR R1
SRI. ANAND KUMAR ASHTEKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C.
(U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE
CHARGE SHEET REGISTERED AGAINST THE PETITIONERS/
ACCUSED NO.1 AND 2 IN RAMADURGA POLICE STATION CRIME
NO. 170/2020 WHICH IS REGISTERED AS C.C.NO. 85/2021 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. RAMADURGA,
FOR OFFENECES P/U/SEC. 323, 324, 504 AND 506 R/W SEC. 34 OF
IPC.
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CRL.P No. 100403 of 2025
C/W CRL.P No. 103224 of 2022
CRL.P No. 100493 of 2025
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. These petitions arise out of case and counter-case
proceedings. Therefore, they are heard together and disposed of
by this common judgment.
2. The petitioners are sought to be prosecuted for offences
punishable under Sections 323, 324, 354, 504, and 506 read with
Section 34 of the Indian Penal Code (IPC).
3. The prosecution alleges that the de facto complainant is
the daughter of accused No.1, while accused No.2 is her brother
and accused No.3 is her sister. It is alleged that, in connection with
a property dispute, they abused, assaulted, and threatened the de
facto complainant with dire consequences.
4. The petitioners are sought to be prosecuted for offences
punishable under Sections 323, 324, 504, and 506 read with
Section 34 of the Indian Penal Code (IPC).
NC: 2025:KHC-D:2327
5. The prosecution alleges that the de facto complainant
is the father of accused No.1, while accused No.2 is his son. It is
alleged that, in connection with a property dispute, they abused,
assaulted, and threatened the de facto complainant with dire
consequences.
6. The petitioners are sought to be prosecuted for offences
punishable under Sections 448, 354, 323, 324, 427, 504, and 506
read with Section 34 of the Indian Penal Code (IPC).
7. The prosecution alleges that the de facto complainant is
the brother's wife of accused Nos.1 and 2. It is alleged that they
criminally trespassed into the subject land, abused, assaulted,
outraged her modesty, and threatened her with dire consequences.
8. Heard the learned counsel for the petitioners and the
learned Additional Government Advocate for respondent No.1-
State.
9. The parties before this Court are blood relatives, and the
dispute among them pertains to the partition of properties, which is
already pending adjudication in O.S. Nos. 155/2020, 156/2020,
8/2021, 28/2021, and 04/2022. The allegations made in the FIRs
NC: 2025:KHC-D:2327
lodged against each other arise from the same property dispute,
but have been given a criminal color with an intent to wreak
vengeance and settle personal scores.
10. In such circumstances, the continuation of criminal
proceedings would amount to an abuse of the process of law.
Permitting these cases to proceed would not serve the ends of
justice and would only prolong the hostility between the parties.
Accordingly, I pass the following:
ORDER
a. The petitions are allowed.
b. The impugned proceedings in CC No.86/2021
pending on the file of the Senior Civil Judge and
JMFC, Ramdurga, insofar as it relates to the
petitioners - accused Nos.1 to 3 stands quashed.
c. The impugned proceedings in CC No.85/2021
pending on the file of the Senior Civil Judge and
JMFC, Ramdurga, insofar as it relates to the
petitioners - accused Nos.1 and 2 stands
quashed.
d. The impugned proceedings in CC No.454/2022
pending on the file of the Senior Civil Judge and
JMFC, Ramdurga, insofar as it relates to the
NC: 2025:KHC-D:2327
petitioners - accused Nos.1 and 2 stands
quashed.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
AC
Ct:vh
