IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101586 OF 2021 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. RUDRAGOUDA S/O. SIDDANAGOUDA PATIL AGE 70 YEARS, OCC. ADVOCATE, R/O. HIREHARAKUNTI, TQ. KUNDAGOL, NOW RESIDING AT HOUSE NO.B/18, 6^TH CROSS, CHANDRANATH NAGAR, HUBBALLI-580032.

2. SMT. VIJAYALAXMI W/O. RUDRAGOUDA PATIL AGE: 61 YEARS, OCC. HOUSEHOLD WORK, R/O. HIREHARAKUNTI, TQ. KUNDAGOL, NOW RESIDING AT HOUSE NO.B/18, 6^TH CROSS, CHANDRANATH NAGAR, HUBBALLI-580032.

3. SMT. BASAVARESHWARI W/O. GURURAJ HIREMATH, AGE. 39 YEARS, OCC. SERVICE (TEACHER ARTS GRADE COLLEGE KALAGHATAGI), R/O. SILVER TOWN BHARATHINAGAR, Digitally signed by B QUARTERS NO.1, NEAR RAINAL KERI, K MAHENDRAKUMAR OLD HUBBALLI, HUBBALLI.

Location: HIGH C KA O R U N R A T T O A F KA DHARWAD BENC H Date: 2025.01.28 4. GURURAJ S/O. SHIVALINGAYYA HIREMATH

15:16:15 +0530 AGE. 43 YEARS, OCC. PRIVATE SERVICE WORKING DIRECTOR HUBLI HOSPITAL FOR HANDICAP), R/O. SILVER TOWN BHARATHINAGAR, QUARTERS NO.1, NEAR RAINAL KERI, OLD HUBBALLI, HUBBALLI.

…PETITIONERS (BY SRI. S.B.DODDAGOUDAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH KUNDAGOL PS.

SPP HIGH COURT BUILDING, DHARWAD.

2. SMT. PARAVVA W/O. SHAHADEVAPPA PUJAR AGE. 55 YEARS, OCC. FARMER, R/O. HIRECHARAKUNI, TQ. KUNDAGOL, DIST. DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;

NOTICE TO R2 IS SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, ALLOW THE ABOVE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN CRIME NO.85/2021 FOR OFFENCES PUNISHABLE U/S 323, 324, 354(B), 109, 504, 506, R/W SECTION 34 OF IPC AND SECTION 3(1) (r) (s), 3(2) (5a) of SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014. PENDING BEFORE THE II ADDL. DISTRICT AND SESSION AND SPL.JUDGE DHARWAD IN SO FAR AS THE PETITIONERS ARE CONCERNED AND GRANT ANY OTHER RELIEF.

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

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

1. Respondent No.2 lodged a First Information Report (FIR) stating that she had taken a lease of agricultural land from petitioner No.1/accused No.1 for a sum of ₹5,00,000 for a period of five years. Accused No.2 is the wife of accused No.1, accused No.3 is their daughter, and accused No.4 is the husband of accused No.3. It is alleged that the accused used to abuse and threaten respondent No.2/complainant to relinquish possession of the land. On 30.07.2021, at about 4:20 PM to 4:35 PM, when respondent No.2 had gone to meet her advocate in connection with a case and returned, accused No.1 allegedly abused her in filthy language with reference to her caste and outraged her modesty.

2. Respondent No.2, though served with notice, did not appear in person or through counsel and was placed ex parte. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1/State.

4. Petitioner No.1/accused No.1 had filed a suit in O.S.

No.60/2021 seeking a permanent injunction to restrain respondent No.2 from interfering with his peaceful possession of the land. In the said suit, the Trial Court granted a temporary injunction against respondent No.2 on 20.07.2021, which is still in effect. During the currency of the temporary injunction order, respondent No.2 lodged the FIR on 01.08.2021, alleging that accused No.1 abused her in filthy language with reference to her caste and outraged her modesty.

5. A perusal of the FIR reveals that it appears to have been filed as an afterthought, ostensibly to circumvent the temporary injunction order operating against respondent No.2. The dispute between the parties is purely civil in nature but has been given a criminal color to harass the petitioners and exert undue pressure on them to arrive at a settlement.

6. Therefore, the continuation of the criminal proceedings against the petitioners would amount to an