Karnataka High Court
Shri. Gangadhar S/O Chanabasappa ... vs The State Of Karnataka on 17 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3183
CRL.P No. 100364 of 2022
C/W CRL.P No. 101451 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100364 OF 2022 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 101451 OF 2022
IN CRL.P. NO.100364 OF 2022:
BETWEEN:
1. SRI. SHIVAPUTRAPPA NINGAPPA CHIMMALAGI
AGE. 61 YEARS, OCC. X- ARMY PERSONNEL,
R/O. SINGARAKOPPA, TQ. SAUNDATI,
DIST. BELAGAVI-591126.
2. SMT. SAVITRI @ YAMANAVVA
SHIVAPUTRAPPA CHIMMALAGI,
AGE. 53 YEARS, OCC. HOUSEWIFE,
R/O. SINGARAKOPPA, TQ. SAUNDATTI,
DIST. BELAGAVI-591126.
3. MR. SHRINATH SHIVAPUTRAPPA CHIMMALAGI
AGE. 30 YEARS, OCC. ASST. DIRECTOR OF
AGRICULTURE, R/O. SINGARAKOPPA,
TQ. SAUNADATTI, DIST. BELAGAVI-591126,
CORRECT ADDRESS:
R/O. PWD QUARTERS, ANNIGERI ROAD,
Digitally signed by B NEAR APMC- NAVALGUND,
K
BK
MAHENDRAKUMAR
Location: HIGH
DIST. GADAG-582208.
COURT OF
MAHENDRAKUMAR
KARNATAKA
DHARWAD BENCH
...PETITIONERS
Date: 2025.02.20
16:40:08 +0530 (BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
SMT. JYOTI SACHIN CHIMMALAGI
AGE. 24 YEARS, OCC. HOUSEWIFE,
R/O. C/O. R.B KENCHARANAHAL,
SUSHEEL NADAGAVI, PT. NO -3694,
NEXT TO KEB STOP, RAMTEERTH NAGAR,
BELAGAVI-591126.
...RESPONDENT
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. SHIVARAJ S.BALLOLLI, ADV. FOR R2)
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NC: 2025:KHC-D:3183
CRL.P No. 100364 of 2022
C/W CRL.P No. 101451 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE ORDER PASSED BY JMFC II COURT
BELAGAVI DATED 04.01.2022 AND CONSEQUENTLY ENTIRE
PROCEEDINGS IN CRL.MISC.NO.299/2021 THEREBY ISSUING NOTICE
TO BE PETITIONERS IN THE PROCEEDINGS INITIATED U/S 12(1) OF
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT-2005
AS AGAINST THE PRESENT PETITIONERS.
IN CRL.P. NO.101451 OF 2022:
BETWEEN:
1. SHRI. GANGADHAR
S/O. CHANABASSAPPA KULKARNI,
AGE. 51 YEARS, OCC. AGRICULTURIST,
R/O. SINGARKOPPA, TQ. SAVADATTI,
DIST. BELAGAVI-591126.
2. SHRI. AMAR GANGANAGOUDA KULKARNI
AGE. 26 YEARS, OCC. AGRICULTURIST,
R/O. SINGARKOPPA, TQ. SAVADATTI,
DIST. BELAGAVI-591126.
...PETITIONERS
(BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THORUGH NAVALAGUND POLICE STATION,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
2. SMT. PAVITRA W/O. SRINATH CHIMMALAGI
AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
R/O. NAVALGUND TOWN, PWD QARTERS,
TQ. NAVALGUND, DIST. DHARWAD.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. NEELENDRA D.GUNDE, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, ALLOW THE PETITION AND QUASH THE ENTIRE
PROCEEDINGS AGAINST IN CRIME NO. 19/2022 OF NAVALGUND
POLICE STATION PENDING ON THE FILE OF THE LEARNED ADDL.
CIVIL JUDGE (JR. DN.) AND JMFC COURT, NAVALGUND FOR THE
COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTION 506, 341, 504, 448, 323 AND 354 READ WITH SECTION 34 OF
THE INDIAN PENAL CODE, 1860 IN SO FAR AS THE PETITIONERS ARE
CONCERNED.
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NC: 2025:KHC-D:3183
CRL.P No. 100364 of 2022
C/W CRL.P No. 101451 of 2022
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. In Crl.P.No.100364/2022, the petitioners challenge the
registration of the case under Section 12 of the Domestic Violence
Act. The respondent had filed a petition under this section, alleging
abuse by the petitioners, who are the in-laws of the respondent's
husband, Sachin.
2. In Crl.P.No.101451/2022, the petitioner challenges the
registration of the FIR for offenses under Sections 506, 341, 34,
504, 448, 323, and 354 of the IPC. The 2nd respondent filed the
FIR, claiming that during a marital conflict between Sachin and his
wife Jyothi, the petitioners allegedly abused her and threatened
her.
3. It is observed that the dispute between the parties
stems from the marital conflict between Sachin and Jyothi. The
respondent in Crl.P.No.100364/2022 has filed a memo in
Crl.Misc.No.299/2021, seeking permission to withdraw the petition,
citing the possibility of a settlement between the parties.
4. It is also noted that the FIR in Crl.P.No.101452/2022
contains general allegations against the petitioner, claiming they
abused, assaulted, and threatened the 2nd respondent without
providing specific details.
5. Additionally, the learned counsel for the petitioner in
Crl.P.No.100364/2022 presents a judgment of acquittal in Session
NC: 2025:KHC-D:3183
Case No.174/2022, where the husband's and mother-in-law's
charges under Section 498A, 307, 323, 504, and 506 of the IPC
were dismissed.
6. The dispute between the parties, rooted in marital
discord, has been given a criminal angle, seemingly out of a desire
for vengeance. Given these circumstances, continuing the criminal
proceedings would amount to an abuse of the legal process.
ORDER
i. Petitions are allowed.
ii. In Crl.No.100364/2022 the impugned proceedings in
Crl.Misc.No.299/2021 on the file of learned JMFC-II Court,
Belagavi is hereby quashed.
iii. In Crl.No.101451/2022 the impugned FIR in crime
No.19/2022 on the file of learned Addl. Civil Judge and JMFC
Court, Navalagund and subsequent filing of charge sheet stands
quashed.
Pending I.A's does not survive for consideration.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
TIN
Ct:vh
