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Karnataka High Court
Anil vs The State Of Karnataka on 13 February, 2026
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NC: 2026:KHC-K:1448
CRL.P No. 200060 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200060 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. ANIL S/O SANGRAMAPPA RAMPURE
AGE: 42 YEARS, OCC: TEACHER,
R/O KAMALANAGAR,
TQ: KAMALANAGAR, DIST: BIDAR.
2. SUPRIYA W/O ANIL RAMPURE,
AGE: 35 YEARS, OCC: HOUSE WIFE
R/O KAMALANAGAR, TQ: KAMLANAGAR
DIST: BIDAR.
...PETITIONERS
(BY SRI RAJESH DODDAMANI, ADVOCATE)
Digitally signed by
SHIVALEELA AND:
DATTATRAYA UDAGI
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
THROUGH BHALKI TOWN POLICE STATION,
BHALKI. NOW REPRESENTED BY
ADDITIONAL SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585103
2. POOJA W/O SANGAMESH NUCHA,
AGE: 27 YEARS, OCC: HOUSEWIFE
R/O GANESH NAGAR, LECTURE COLONY,
BHALKI, DIST: BIDAR-585328
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NC: 2026:KHC-K:1448
CRL.P No. 200060 of 2026
HC-KAR
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI SANTOSH KUMAR B BIRADAR, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C.
(OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO ALLOW THIS
PETITION AND QUASH THE FIRST INFORMATION REPORT IN
CRIME NO.164/2025 OF BHALKI TOWN POLICE STTAION,
BHALKI, DISTRICT BIDAR FOR THE OFFENCES PUNISHABLE
U/S 109,115(2),49,351(2)3(5),352 OF BNS 2023 NOW
PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND
JMFC, BHALKI IN SO FAR AS ACCUSED NO.2 AND 3 (AS PER
FIR) ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
Learned counsel for the petitioners filed a memo
seeking to withdraw the petition in respect of petitioner
No.1/accued No.2 with liberty to renew his prayer after
filing of charge sheet.
2. Reserving such liberty, the petition in respect of
petitioner No.1/accused No.2 is dismissed as
withdrawn.
As regards petitioner No.2/accused No.3, the
matter is taken up for consideration as under:
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3. This Criminal Petition is filed under Section 528
of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the
FIR against petitioner No.2/accused No.3 in Crime
No.164/2025 registered by Bhalki Town Police Station, for
the offences punishable under Sections 109, 115(2), 49,
351(2) and 352 r/w Section 3(5) of Bharatiya Nyaya
Sanhita, 2023, (for short "BNS, 2023"), presently pending
on the file of Principal Civil Judge (Jr.Dn.) and JMFC,
Bhalki.
4. The factual matrix of the case is, respondent
No.2 lodged the complaint before respondent No.1 - Police
alleging that her husband and accused No.1 are brothers
and accused No.4 is her mother-in-law. It is alleged in the
complaint that her husband requested accused No.4 to
give their share in the house situated at Lecture Colony,
Bhalki, for which, accused No.1 objected and abused her
and her husband and also denied the share.
5. Things stood thus, on 07.09.2025 at about
12.00 p.m. respondent No.2 and her husband requested
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accused No.4 to effect partition in the house property,
since they are residing in a rented house, for which,
accused No.1 by denying their share, insulted respondent
No2 and her husband in abusive language and assaulted
her. Further, accused No.2 and accused No.3 i.e.,
petitioner No.2, who is the wife of accused No.2 and
sister-in-law of respondent No.2 also instigated accused
No.1 to assault respondent No.2. Subsequently, accused
No.2 also assaulted her husband. Accordingly, she lodged
the complaint before respondent No.1 - Police against
petitioner No.2 and others for the aforementioned
offences, registered in Crime No.164/2025 dated
07.09.2025, by arraying petitioner No.2 as accused No.3.
Aggrieved by the registration of FIR, petitioner
No.2/accused No.3 approached this Court to quash the FIR
and further proceedings.
6. Heard learned counsel for the petitioner,
learned High Court Government Pleader for respondent
No.1-State and learned counsel for respondent No.2.
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7. The primarily contention of learned counsel for
the petitioner is, on perusal of the complaint averments it
does not disclose any overt act against petitioner No.2
except some vague and omnibus allegations that she was
present with her husband at the scene of occurrence and
instigated accused No.1. According to him, she being the
wife of accused No.2, no way connected to the alleged
incident. Accordingly, he prays to allow the petition.
8. Per contra, learned counsel for respondent No.2
opposed the prayer by contending that investigation is still
under progress and in the complaint averments it is stated
that petitioner No.2 instigated accused No.1 and her
husband to assault respondent No.2. In such
circumstances, he prays to dismiss the petition.
9. Learned High Court Government Pleader
opposed the prayer and prays to dismiss the petition.
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10. I have given my anxious consideration both on
the submissions made by the learned counsel for the
respective parties and the documents available on record.
11. As could be gathered from records, the
relationship of petitioner No.2 and respondent No.2 is not
in dispute, as petitioner No.2 is the sister-in-law of
respondent No.2. There was a dispute between them in
respect of partition of the property and on that count the
alleged incident was caused. As per the complaint
averments, accused No.1 picked up quarrel with
respondent No.2 and her husband when they claimed
share in the house property and subsequently, accused
Nos.1 and 2 allegedly assaulted respondent No.2.
However, the complaint averments does not disclose any
specific overt act against petitioner No.2 except some
vague and omnibus allegation that she was present in
scene of occurrence and instigated accused No.1. In such
circumstance, considering the relationship between the
parties and the nature and circumstances of the manner in
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which the offences allegedly taken place, I am of the
considered view that participation of accused No.3/
petitioner No.2 in the alleged incident is quite doubtful.
12. It is now well settled that continuation of
criminal proceedings against any person on the basis of a
frivolous or vexatious complaint is something very serious.
This would tarnish the image of the person against whom
false, frivolous and vexatious allegations are leveled. The
Hon'ble Apex Court in the case of Mohammad Wajid v.
State of U.P. reported in 2023 SCC OnLine SC 951,
held that whenever an accused comes before the Court
invoking either the inherent powers under Section 482 of
Cr.P.C or extraordinary jurisdiction under Article 226 of
constitution to get the FIR or criminal proceedings
quashed essentially on the ground that such proceedings
are manifestly frivolous or vexatious or instituted with the
ulterior motive for wreaking vengeance, then in such
circumstance, Court owes a duty to look into the FIR with
care and a little more closely. It will not be just enough for
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the Court to look into the averments made in the
FIR/complaint alone for the purpose of ascertaining
whether the necessary ingredients to constitute the
alleged offence are disclosed or not. On the other hand,
the Court owes a duty to look into many other attending
circumstance emerging from the record of the case over
and above the averments and, if need be, with due care
and circumspection try to read in between the lines. The
Court while exercising its jurisdiction under Section 482 of
Cr.P.C or Article 226 of Constitution need not restrict itself
only to the stage of a case, but is empowered to take into
a count the overall circumstances leading to the
initiation/registration of the case as well as the materials
collected in the course of investigation.
13. For the foregoing reasons, I am of the
considered view that, even if entire allegations in the FIR
and other documents taken into consideration on its face
value, no case has been made against petitioner
No.2/accused No.3 for the offences alleged against her.
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Hence, continuation of proceedings against her is abuse of
process of Court. Accordingly, I proceed to pass the
following:
ORDER
i. The petition in respect of petitioner
No.1/accused No.2 is dismissed as
withdrawn.
ii. The petition in respect of petitioner
No.2/accused No.3 is allowed.
iii. The proceedings against the
petitioner/accused No.3 in Crime
No.164/2025 registered by Bhalki Town
Police Station, for the offences punishable
under Sections 109, 115(2), 49, 351(2) and
352 r/w Section 3(5) of BNS, 2023,
presently pending on the file of Principal
Civil Judge (Jr.Dn.) and JMFC, Bhalki, is
hereby quashed.
Sd/-
(RAJESH RAI K)
JUDGE
SWK
List No.: 1 Sl No.: 26
CT-BH
