Arun B Alias B Arun S/O. Mohan Rao B Vs Smt. Swathi R W/O Arun B

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NC: 2025:KHC-D:5834 CRL.P No. 101050 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1^ST DAY OF APRIL 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.101050 OF 2024

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BETWEEN:

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ARUN B @ B. ARUN S/O. MOHAN RAO B, AGE: 35 YEARS, OCC: EMPLOYEE IN PRIVATE FIRM, R/O: SITE NO.64, VIDYA NAGAR, SIRA, TQ: SIRA, DIST: TUMKUR – 572 137.

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INDUMATHI B @ B. INDUMATHI W/O. MOHAN RAO B., AGE: 56 YEARS, OCC: HOUSEWIFE, R/O: SITE NO.64, VIDYA NAGAR, SIRA, TQ: SIRA, DIST: TUMKUR – 572 137.

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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MOHAN RAO B @ B. MOHAN RAO S/O. LATE B. HANUMANTH RAO, AGE: 66 YEARS, OCC: RETIRED PERSON, R/O: SITE NO.64, VIDYA NAGAR, SIRA, TQ: SIRA, DIST: TUMKUR – 572 137.

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VINAY B @ VINAY BHANDEKAR S/O. MOHAN RAO B., AGE: 38 YEARS, OCC: EMPLOYEE IN PRIVATE FIRM, R/O: SITE NO.64, VIDYA NAGAR, SIRA, TQ: SIRA, DIST: TUMKUR – 572 137, NOW WORKING AT CHANDIVALI SADGURU CHS LTD., MUMBAI, R/AT: BUILDING NO.7A, FLAT NO.103, 1^ST FLOOR, MHADA COLONY, CHANDIVALI, MUMBAI – 400 072.

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DIVYA B W/O. VINAY B @ VINAY BHANDEKAR, AGE: 36 YEARS, OCC: HOUSEWIFE, DIST: TUMKUR – 572 137.

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SUNANDA B W/O. LATE ESHWAR KUMAR, AGE: 50 YEARS, OCC: TAILORING, R/O: NEAR JAIB MARKET, BALLARI, NOW AT D.NO.80, W.NO.5, TANK BUND ROAD, TQ: BALLARI, DIST: BALLARI – 583 111.

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…PETITIONERS

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(BY SRI. GANAPATI M. BHAT, ADVOCATE)

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AND:

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SMT. SWATHI R W/O. ARUN B., AGE: 33 YEARS, OCC: HOUSEWIFE, R/O: SITE NO.64, VIDYA NAGAR, SIRA, TQ: SIRA, DIST: TUMKUR – 572 137, PRESENTLY AT D.NO.74, TAILOR STREET, WARD NO.24, CB BALLARI, TQ: DIST: BALLARI – 583 102.

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THE STATE OF KARNATAKA, BY POLICE SUB-INSPECTOR, BALLARI WOMEN POLICE STATION, BALLARI, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD – 583 011.

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…RESPONDENTS

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(BY SRI. AMAREGOUDA M., ADVOCATE FOR R1; SRI RAMESH B. CHIGARI, AGA FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THE CRIMINAL PETITION FILED U/S 482 OF CR.P.C. AND QUASH PROCEEDINGS IN CC NO.825/2023 (CRIME NO.179/2022 OF BALLARI WOMEN PS, BALLARI) PENDING ON THE FILE OF THE COURT OF THE IV ADDL. CIVIL JUDGE AND JMFC COURT, AT BALLARI FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 323, 506 R/W SECTION 34 OF IPC, IN SO AS PETITIONERS/ACCUSED NO.1 TO 6, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:5834 CRL.P No. 101050 of 2024

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THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by petitioners –accused Nos.1 to 6 praying to quash the proceedings in C.C.No.825/2023 pending on the file of the IV Additional Civil Judge and JMFC, Ballari registered for offences punishable under Sections 498A, 504, 323, 506 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as ”IPC” for brevity).

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A case came to be registered against petitioners –accused Nos.1 to 6 and accused No.7 on the complaint of respondent No.1 dated 25.11.2022 in Crime No.179/2022 of Ballari Women Police Station for offences punishable under Sections 498A, 504, 323, 506 read with Section 34 of IPC. The police after investigation have filed charge sheet against petitioners for offences punishable under

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Sections 498A, 504, 323, 506 read with Section 34 of IPC.

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On the basis of the said charge sheet, a case came to be registered in C.C. No.825/2023 pending on the file of the IV Additional Civil Judge and JMFC, Ballari. The proceedings of the said case are sought to be quashed in this petition by petitioners –accused Nos.1 to 6.

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Heard learned counsel for petitioners, learned counsel for respondent No.1 and learned AGA for respondent No.2 –State.

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Learned counsel for petitioners –accused Nos.1 to 6 would contend that in the complaint the alleged incident has taken place on 31.12.2021, complaint has been filed on 25.11.2022 and there is delay of nearly eleven months in filing the complaint. There is no explanation in the complaint for the delay. He further submits that petitioner No.1 –husband of respondent No.1 has issued legal notice dated 20.12.2021 to respondent

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No.1 asking her to come and join to lead marital life.

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NC: 2025:KHC-D:5834 CRL.P No. 101050 of 2024

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Respondent No.1 gave reply to the said legal notice dated 12.01.2022. Respondent No.1 has filed petition under Section 125 of Cr.P.C seeking maintenance on 14.11.2022 and in that proceedings there is no allegation of incident dated 31.12.2021. He further submits that petitioner No.1 has issued legal notice and filed petition under Section 9 of the Hindu marriage Act seeking restitution of conjugal rights and therefore, respondent No.1 has filed false complaint against petitioner No.1 and his family members. He further submits that accusation against petitioners is omnibus allegation. Respondent No.1 has not sustained any injury and wound certificate is also not produced along with charge sheet. On these grounds, he prays for quashing of the proceedings against petitioners.

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Learned counsel for respondent No.1 would contend that respondent No.1 even after incident dated 31.12.2021 has waited for nearly eleven months for her husband will come and take her to his house and

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NC: 2025:KHC-D:5834 CRL.P No. 101050 of 2024

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therefore, there is delay in filing the complaint. He further submits that charge sheet materials establish offences alleged against petitioners. On these grounds, he prays for dismissal of the petition.

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Learned AGA for respondent No.2 -State has reiterated grounds urged by learned counsel for respondent No.1 and prays for dismissal of the petition.

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Having heard learned counsels, this Court has perused the charge sheet records and other materials placed on record.

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The marriage of petitioner No.1 with respondent No.1 has taken place on 24.02.2019. Respondent No.1 has started residing in her parent’s house during June2020. Accusations against petitioners in the complaint of respondent No.2 are omnibus allegations. Respondent No.2 has stated in the averments of the complaint that she awaited for her husband and his family members to take her from her parent’s house. She has given her reply to

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the legal notice issued on 20.12.2021 on 12.01.2022. In the said reply notice there is no allegation of incident dated 31.12.2021 taken place in her parent’s house. Even in the maintenance petition filed by respondent No.1 in Crl.Misc.No.386/2022 on 14 . 11.2022, there is no

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allegation regarding incident dated 31.12.2021. The delay has not been properly explained in the complaint. It appears that as petitioner No.1 has issued legal notice and filed petition seeking restitution of conjugal rights, respondent No.1 has filed false complaint making omnibus allegation against petitioners. Even though allegation against petitioners for causing simple hurt, no wound certificate is produced. Considering all these aspects, the proceedings against petitioners is abuse of process of law.

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