IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200866 OF 2024 [482(Cr.PC)/528(BNSS)]

BETWEEN:

1. DURGAMMA W/O BHIMIYYA WADDAR, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI-585211.

2. BHAGYASHREE W/O VISHWANATH WADDAR, AGE: 36 YEARS, OCC: COOLIE, R/O. CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI-585211.

3. VIJAYLAXMI W/O VENKATESH WADDAR, AGE: 31 YEARS, OCC: COOLIE, R/O. CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI-585211.

…PETITIONERS (BY SRI KEDAR DESAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH MAHILA PS, KALABURAGI, REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103.

2. REKHA W/O SHANKAR WADDAR, AGE: 21 YEARS, OCC: HOUSEHOLD, R/O. PAPAREDDY COLONY, HYDERABAD, NOW AT R/O. CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI-585211.

…RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SMT. GEETA SAJJANSHETTY, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C./UNDER SECTION 528 OF BNSS, 2023 PRAYING TO, ALLOW THE PETITION BY SETTING ASIDE THE ORDER DATED 06.06.2024 PASSED BY THE HON’BLE COURT II JMFC AT KALABURAGI IN C.C NO.4723/2024 (CRIME NO.22/2024 OF MAHILA P.S KALABURAGI) TAKING THE COGNIZANCE OF THE OFFENCES PUNISHABLE U/SEC 498A, 323, 504, 506 R/W 34 IPC AGAINST THE PETITIONERS AND QUASH FURTHER CRIMINAL PROCEEDINGS INITIATED AGAINST THEM.

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

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.2 to 4 in C.C.No.4723/2024 pending before the Court of II JMFC, Kalaburagi arising out of Crime No.22/2024 registered by Kalaburagi Women Police Station, Kalaburagi for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid criminal case as against them.

2. Heard learned counsel for the parties.

3. FIR in Crime No.22/2024 was registered by Kalaburagi Women Police Station, Kalaburagi for the aforesaid offences against Shankar and others on the basis of the first information dated 16.05.2024 received from respondent No.2, who is the wife of accused No.1 – Shankar. The petitioners herein, who are the mother and sisters of accused No.1 are arrayed as accused Nos.2 to 4 in the FIR. Investigation of the case is completed and charge sheet has been filed against four persons. The petitioners are arraigned as accused Nos.2 to 4 in the charge sheet. The Trial Court after taking cognizance of the charge sheeted offences has issued summons to the accused. Being aggrieved by the same, petitioners are before this Court.

4. Learned counsel for the petitioners submits that petitioners are the mother and sisters of accused No.1 and they are all staying separately. He submits that false and omnibus allegations have been made against the petitioners only to harass and embarrass them. He also submits that no specific allegations are made against the petitioners, which would attract the alleged offences as against them. Hence, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader appearing for respondent No.1 and learned counsel appearing for respondent No.2 have opposed the petition. They submit that after completing the investigation, charge sheet has been already filed and therefore, it is not a fit case for exercising the powers under Section 482 of Cr.P.C. Accordingly, they pray to dismiss the petition.

6. Perusal of the averments made in the FIR would reveal that the marriage of accused No.1 with respondent No.2 was solemnized on 15.12.2022 and after the marriage, accused No.1 and his wife were residing together at Hyderabad. In the first information, allegation of assault on the first informant in her parents’ house at Chittapur in Kalaburagi is only