Gavadu S/O. Laxman Aloji, Vs the State of Karnataka

SMT. RADIKA W/O. DNYANESHWAR ALOJI, AGE. 26 YEARS, OCC. HOUSEWIFE, R/O. DHRAHMALINGESWAR GALLI, ALTAGA AT PRESENT C/O. VISHNU NARYAN KOCHERI, H.NO.307, SHRIRAM NAGAR, ALATAGE, BELAGAVI, PIN CODE 590001.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. BHARAT A. NARASGOUDA, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN C.C.NO. 841/2022 (BELAGAVI CITY MAHILA POLICE STATION IN CRIME NO. 31/2022) IN RESPECT OF ACCUSED NO.2 TO 6, WHICH IS PENDING BEFORE II NMFC COURT, BELAGAVI FOR THE OFFENCES U/SEC. 498A, 323, 504, 506 R/W SEC. 34 OF IPC, IN THE INTEREST OF JUSTICE.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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1. Learned counsel for the petitioner has filed a

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memo along with the copies of complaint, FIR, charge sheet

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and other documents.

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The same is taken on record.

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Another memo dated 19.01.2026 has been filed

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by the learned counsel for the petitioners, which reads as under:

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HC-KAR

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“Herein the memo on behalf of the petitioners is as under:

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That in the above top noted case as per concerned to the petitioner Nos.1 to 3/Accused Nos.2 to 4 as dismissed as not pressed.”

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Placing the memo on record, the petition stands

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dismissed against petitioner Nos.1 to 3/accused Nos.2 to 4.

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Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioners, Sri. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Bharat A. Narasgouda, learned counsel for respondent No.2.

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In the present petition prayer is confined only to petitioner Nos.4 and 5 who are accused Nos.5 and 6 in Crime No.31/2022 of Women Police Station, Belagavi registered for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal

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4 -

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NC: 2026:KHC-D:497 CRL.P No. 102023 of 2024

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HC-KAR

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Code, 1860¹ pending in C.C. No.841/2022 on the file of JMFC II Court, Belagavi.

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Facts in nutshell which are utmost necessary for disposal of the present petition are as under:

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According to petitioner Nos.4 and 5/accused Nos.5 and 6, they were residing in a separate house in Alatage Village, Belagavi which is situated about 2 kilometers away from the place where the remaining petitioners along with the respondent No.2 were residing and they are no way responsible for the alleged offences and an omnibus allegations have been made against the petitioners. Thus, sought for quashing the pending criminal proceedings as against petitioner Nos.4 and 5.

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Per contra , learned High Court Government Pleader would contend that there are specific allegations found in column No.17 of the charge sheet against the present petitioners and therefore, the trial has to be

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1 For short, ‘IPC’

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5 - NC: 2026:KHC-D:497 CRL.P No. 102023 of 2024

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HC-KAR

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continued in respect of the petitioners. Hence, sought for dismissal of the petition in toto .

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Having heard the arguments of both sides, this Court perused the material on record meticulously.

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On such perusal of material on record, it is found that petitioner Nos.4 and 5/accused Nos.5 and 6 were residing in a separate house in the Alatage Village which is said to be situated about 2 kilometres away from the matrimonial home where the remaining petitioners and respondent No.2 were residing.

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In a matter of this nature, it is not uncommon for relatives of the husband to be unnecessarily roped in. The allegations made against them are vague and omnibus in nature.

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In such cases, unless there are specific overt acts alleged against the relatives of the husband, they need not have to face the ordeal of the trial.

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Taking note of the principles of law enunciated by the Hon’ble Apex Court in the case of Kehkashan Kausar

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HC-KAR

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@ Sonam and Others Vs. State of Bihar and Others² ,

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this Court is of the considered opinion that the pending criminal proceedings in C.C. No.841/2022 pending on the file of JMFC II Court, Belagavi needs to be quashed insofar as petitioner Nos.4 and 5 who are accused Nos.5 and 6 are concerned.

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15. Accordingly, the following:

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ORDER

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(i) Placing the memo on record,

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the petition stands dismissed against petitioner Nos.1 to 3/accused Nos.2 to 4.

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(ii) The petition is allowed in respect of petitioner Nos.4 and 5/accused Nos.5 and 6 are concerned.

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(iii) Criminal proceedings in Crime No.31/2022 of Women Police Station pending in C.C. No.841/2022 on the file of JMFC II Court, Belagavi, is hereby