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Karnataka High Court
Rekha vs The State Of Karnataka on 27 March, 2026
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CRL.P No. 201224 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 201224 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. REKHA W/O MALLIKARJUNA
AGE: 25 YEARS, OCC: HOUSEHOLD
2. VENKATESH @ YANKAPPA POOJARI
S/O YAMANAPPA, AGE: 50 YEARS
OCC: COOLIE
3. SANGAMMA
W/O VENKATESH @YANKAPPA POOJARI
AGE: 47 YEARS, OCC: COOLIE
4. SUMITRA W/O DINESH PATIL
Digitally signed by AGE: 23 YEARS, OCC: HOUSEHOLD
SHIVALEELA
DATTATRAYA UDAGI
Location: HIGH
COURT OF 5. DINESH S/O PHAKIRAPPA PATIL
KARNATAKA AGE: 25 YEARS, OCC: DRIVER
6. MAHANTESH S/O HANUMANTRAYA
AGE: 30 YEARS, OCC: DRIVER
ALL ARE RESIDENTS OF KOUJAGANOOR VILLAGE
HUNAGUND TALUK, BAGALKOT DISTRICT
...PETITIONERS
(BY SRI. SHIVAYOGESH SHIVAYOGIMATH., ADVOCATE)
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NC: 2026:KHC-K:2803
CRL.P No. 201224 of 2025
HC-KAR
AND:
1. THE STATE OF KARNATAKA
BY SHO, GOGI POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT KALABURAGI-585103
2. SANTOSH
S/O RANGAPPA IRABAGERI
AGE: 34 YEARS, OCC: AGRICULTURE
R/O GOGI (K), TQ: SHAHAPUR
DIST: YADGIR-585223
...RESPONDENTS
(BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW), PRAYING TO A) QUASH THE ENTIRE
PROCEEDINGS IN C.C. NO.1202/2024 ON THE FILE OF THE
ADDL. JMFC SHAHAPUR FOR OFFENCES PUNISHABLE UNDER
SECTIONS 324, 354, 504, 506 AND 149 IPC, VIDE
ANNEXURE-C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The petitioners have filed this petition under Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
following relief's:
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HC-KAR
"Wherefore, for the reasons stated above the
petitioners most respectfully prays that this
Hon'ble Court may kindly be pleased to:
(a) Quash the entire proceedings in
C.C.No.1202/2024 on the file of the Addl.
JMFC, Shahapur, for the offence punishable
under Sections 324, 354, 504 r/w 149 of
IPC, vide Annexure-C in the interest of
justice and equity;
(b) Pass such other or further orders as this
Hon'ble Court may deem fit in the
circumstances of the case."
2. Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent No.1 - State.
3. Learned counsel for the petitioners would
submit that the cognizance taken by the learned Civil
Judge and JMFC, Shahapur, in C.C.No.1202/2024 is
erroneous, improper and contrary to the facts and
circumstances of the case. The alleged incident took place
on 24.01.2024 and the complainant sent the complaint
through a registered post on 27.02.2024 stating that Gogi
Police have refused to take complaint. However, the
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HC-KAR
statement of complainant in the complaint and sworn
statement are contradictory to each other. The said
complaint is an after thought. On the ground of delay and
latches, the said proceedings are liable to be quashed. The
allegations are false, frivolous and motivated by personal
vendetta. The complaint appears to be an afterthought
and is an abuse of process of law. The dispute is
essentially of a civil and matrimonial nature and no
ingredients of the alleged IPC sections are made out
against the petitioners. The complainant and family
members of the husband have filed a false complaint with
the mala-fide intention only to harass the petitioners. The
complainant is the relative of petitioner's husband, who is
indulging between her and her husband and has given a
false complaint making allegations, though the petitioner
has no role and it could be seen that her husband has
pacified the quarrel between them. Though, it is her family
matter, he has filed the complaint which is not
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HC-KAR
sustainable. On all these grounds, sought for allowing of
the petition.
4. Per contra, learned High Court Government
Pleader appearing for respondent No.1-State opposed to
the petition.
5. I have examined the materials placed before
this Court.
6. The complainant has lodged a complaint under
Section 200 of Cr.P.C. on 06.05.2024. Prior to this
complaint before the Court, the respondent No.2 has
approached the Superintendent of Police, Yadgir, and the
copy of the complaint filed before the Superintendent of
Police, Yadgir and registered postal receipts are produced.
Since the police have failed to take action against the
accused, the complainant has filed the private complaint
which is registered in P.C.No.58/2024. The Trial Court has
recorded the sworn statement of the complainant and
complainant has produced three documents Exs.P1 to P3
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HC-KAR
and another three documents are marked as Exs.C1 to C3.
Thereafter, the trial Court has passed an order to register
the case against the accused Nos.1 to 6 and issued
summons to the accused. On perusal of the materials
placed before this Court, at this stage, I do not find any
grounds to quash the proceedings. Hence, I proceed to
pass the following:
ORDER
The Criminal Petition is dismissed.
Sd/-
(G BASAVARAJA)
JUDGE
MSR
List No.: 1 Sl No.: 15
