IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102558 OF 2023 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. KANTESHWAR DIGAMBER JAWALE, AGE: 70 YEARS, OCC: BUSINESS, R/O: GOMEWADI VILLAGE, DIST: SANGLI, MAHARASHTRA – 415 306.

2. SINDHUTAI KANTESHWAR JAWALE, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O: GOMEWADI VILLAGE, DIST: SANGLI, MAHARASHTRA – 415 306. 3. SOMESHWAR KANTESHWAR JAWALE, AGE: 36 YEARS, OCC: BUSINESS, R/O: OM SANMUKHA PLOT NO.20, 44 NEAR SUGAR FACTORY, Digitally signed by VISHAL NINGAPPA MADHAVNAGAR ROAD, PATTIHAL L C o o c u a r t t i o o n f : K H ar ig n h atak a, DIST: SANGLI – 416 416.

Dharwad Bench, Dharwad

4. PRITI SOMESHWAR JAWALE, AGE: 32 YEARS, OCC: HOUSEWIFE, R/O: OM SANMUKHA PLOT NO.20, 44 NEAR SUGAR FACTORY, MADHAVNAGAR ROAD, DIST: SANGLI – 416 416.

5. POPAT BALKRISHNA CHIPATE, AGE: 50 YEARS, OCC: BUSINESS, 4, KUPWAD ROAD, LAXMINAGAR, SANGLI, DIST: SANGLI – 416 416.

6. GANPAT CHIPATE, AGE: 60 YEARS, OCC: BUSINESS, R/O: AT POST HIRAWE, TAL: ATAPADI, DIST: SANGLI – 415 307.

7. BHARAT DIGAMBAR JAWALE, AGE:66 YEARS, OCC: BUSINESS, R/O: AT POST ATAPADI, TAL: ATAPADI, DIST: SANGLI – 416 406.

… PETITIONERS (BY SRI PATIL M. H., ADVOCATE)

AND:

1. ANJALI MAHESHWAR JAWALE, AGE: 27 YEARS, OCC: HOUSEWIFE.

2. ARANNYA MAHESHWAR JAWALE, AGE: 05 YEARS, OCC: EDUCATION.

3. AYYANSH MAHESHWAR JAWALE, AGE: 04 YEARS, OCC: EDUCATION, ALL ARE R/O. TPC NO.1916/3/2, SUBRAO NAGAR, WARD NO.9, STITUATED AT CHINCHOLI, TAL: RAIBAG, DIST: BELAGAVI.

(RESPONDENT NO. 2 AND 3 MINOR REP/BY HIS GUARDIAN RESPONDENT NO.1 MOTHER.)

… RESPONDENTS (BY SRI P.G.NAIK AND SMT. G.B. NAIK, ADVOCATES)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO QUASH THE CRIMINAL PROCEEDINGS UNDER CRL.MISC NO. 547/2022 PENDING ON THEF ILE OF ADDL. CIVIL JUDGE AND JMFC RAIBHAG FOR THE OFFENCES U/SEC. 12, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioners are before this Court calling in question proceedings in Crl. Misc. No.547 of 2022 pending on the file of the Addl. Civil Judge and JMFC, Raibag registered for offences punishable under Sections 12, 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act.

2. Heard the learned counsel Shri M.H. Patil, appearing for the petitioners and the learned counsel Smt. P.G. Naik & Smt. G.B. Naik appearing for the respondents.

3. The first respondent before the concerned Court is the husband who is not before the Court. It transpires that on 06.06.2005, the husband and the respondent complainant get married. The relationship between the two appears to have floundered and on floundering of such relationship, several proceedings are instituted by the wife against her husband, one such proceeding that is impugned in the subject petition invoking Section 12 of the Protection of Women from Domestic Violence Act, 2005. Initiation of proceedings is what has driven these petitioners to this Court in the subject petition.

4. Learned counsel appearing for the petitioners submits that, the petitioners who are the in-laws of the first respondent and other members of the family of the husband are without any rhyme or reason drawn into these proceedings while all the allegations and the claims are made against the husband.

5. Learned counsel appearing for the respondents would however submit that other petitioner Nos.3 to 7 are distant relatives and have nothing to do but respondent Nos.1 and 2 – mother-in-law and father-in-law though they stayed separate, have instigated the husband to commit acts which have become the ingredients of domestic violence. She would seek dismissal of the petition at least insofar as petitioner Nos.1 and 2 are concerned.

6. I have given my anxious consideration to the submissions made by the