Nandini W/O Nagesh Dumale Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS PURSUANT IN CC NO.1040/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT: NIPPANI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 341, 323, 504, 506 R/W 34 OF IPC AND SECTION 11(1) (A) OF THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:9742 CRL.P No. 101479 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

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Accused Nos.1 and 2 are before this Court under

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Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.1040/2024 pending before the Court of Civil Judge & JMFC, Nippani in Belagavi District arising out of Crime No.10/2024 registered by Basaweshwar Chowk Police Station, Belagavi District.

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Heard the learned counsel for the petitioners and learned HCGP for respondent.

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FIR in Crime No.10/2024 was registered by Basaweshwar Chowk Police Station, Belagavi District against the petitioners herein initially for the offences punishable under Sections 341, 323, 504,506 R/w 34 of IPC, based on the first information dated 11.02.2024 received from Sri Nagesh Prakash Dumale, who is the husband of accused No.1. After completing investigation in the case, charge sheet has been filed by the police against accused Nos.1 and 2 for the aforesaid offences. Accused

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4 - NC: 2025:KHC-D:9742 CRL.P No. 101479 of 2025

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HC-KAR

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No.2 is the brother of accused No.1. After the charge sheet was filed, the petitioners are now being tried before jurisdictional Court in C.C.No.1040/2024 for the aforesaid offences. Assailing the said proceedings, the petitioners who are arraigned as accused Nos.1 and 2 before the trial

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Court are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that charge sheet materials are not sufficient to make out a prima-facie case as against the accused. He submits that relationship between accused No.1 and the first informant who are the husband and wife is strained and therefore a false complaint is filed, after the accused No.1 had initiated maintenance proceedings against her husband.

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Per contra, learned HCGP has opposed the

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petition.

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Perusal of the averments found in the first information would go to show that, on 11.02.2024,

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5 - NC: 2025:KHC-D:9742 CRL.P No. 101479 of 2025

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HC-KAR

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accused No.1 and 2 had allegedly abused and assaulted the first informant, his minor son and also had assaulted the dog of the first informant. In the first information itself it is stated that, entire incident in question has been recorded in CCTV camera and the recording was in possession of the first informant. During the course of investigation, the CCTV footage covering the incident in question has been collected by the Investigating Officer and the same is part of charge sheet material.

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In addition to first information, the statement of independent witnesses has been recorded by the Investigating Officer in the present case and the said witnesses have spoken about the act committed by the accused. While considering the petition under Section 482 of Cr.P.C, this Court cannot hold a rouring enquiry and scrutinize the entire charge sheet materials to find out about the correctness or otherwise of the charge sheet allegation. If it is found that a prima-facie probable case is

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6 - NC: 2025:KHC-D:9742 CRL.P No. 101479 of 2025

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HC-KAR

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made out in the charge sheet, in normal circumstances, a

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petition under Section 482 of Cr.P.C, cannot be entertained. In the case on hand, material collected by the Investigating Officer during the course of investigation makes out a prima-facie case against the accused and in addition to the same, entire incident in question is allegedly recorded in a CCTV camera, which according to prosecution is the part of charge sheet material. Even a certificate under Section 65B of the Indian Evidence Act, 1872 has been obtained in the present case, which is also part of charge sheet. Under these circumstances, I am of the opinion that the prayer made by the petitioners for quashing the impugned criminal proceedings cannot be entertained.

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8. Accordingly, the criminal petition is dismissed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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NMS/CT:BCK

Nandini W/O Nagesh Dumale v. the State of Karnataka

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Nandini W/O Nagesh Dumale v. the State of Karnataka

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