IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200907 OF 2023 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. PUNDALIK S/O SHIVAPPA BOTHGEKAR, AGE: 62 YEARS, OCC: RETIRED FOREST GUARD, R/O. SIKINDRAPUR, TQ. AND DIST. BIDAR-585402.

2. LAXIMIBAI W/O PUNDALIK BOTHGEKAR, AGE:52 YEARS, OCC: ANGANWADI HELPER, R/O. SIKINDRAPUR, TQ. AND DIST. BIDAR-585402.

3. UMESH S/O PUNDALIK BOTHGEKAR, AGE:45 YEARS, OCC: ASSISTANT TEACHER IN SBR PUBLIC SCHOOL, GULBARGA, R/O. SIKINDRAPUR VILLAGE, TQ. AND DIST. BIDAR-585402.

NOW RESIDING AT KALABURAGI.

4. SUJATA D/O PUNDALIK BOTHGEKAR, (W/O LATE RAVI), AGE: MAJOR, OCC: HOUSEHOLD, R/O. SIKINDRAPUR, TQ. AND DIST. BIDAR-585402.

5. DIVYA D/O BANDEPPA BALLURE, AGE: 22, OCC: STUDENT, R/O. ANDUR VILLAGE, TQ. AND DIST. BIDAR-585402.

6. BANDEPPA BALLURE S/O SHIVRAM BALLURE, AGE: MAJOR, OCC: AGRICULTURE, R/O. ANDUR VILLAGE, TQ. AND DIST. BIDAR-585402.

7. SMT. SHEELABAI W/O BANDEPPA BALLURE, AGE: MAJOR, OCC: HOUSEWIFE, R/O. ANDUR VILLAGE, TQ. AND DIST. BIDAR-585402.

8. RAHUL S/O BANDEPPA BALLURE, AGE: MAJOR, OCC: AGRICULTURE, R/O. ANDUR VILLAGE, TQ. AND DIST. BIDAR-585402.

…PETITIONERS (BY SRI RAVI BHEEMSINGH CHAWAN, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH DHANNURA POLICE STATION BHALKI, BIDAR, REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH.

2. SMT. LAXIMI @ VAISHALI W/O VISHAL BOTGEKAR, AGE: 22 YEARS, OCC: HOUSEWIFE, R/O. SIKINDRAPUR VILLAGE, TQ. AND DIST. BIDAR-585402.

…RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;

SRI RAVI B. PATIL, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO ALLOW THE PETITION AND QUASH THE PROCEEDING IN CC NO.1941/2023 IN PCR NO.33/2021 OF CRIME NO.146/2022 OF DHANNURA POLICE STATION, PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC AT BHALKI AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/SEC.498A, 323, 504, 506, 448 OF IPC AND SEC.3 AND 4 OF DP ACT INITIATED BY THE RESPONDENT NO.2 AND TO PASS ANY OTHER APPROPRIATE ORDERS.

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

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

The petitioners who are the in-laws of respondent No.2 are before this Court seeking to quash the proceedings in C.C.No.1941/2023 in PCR No.33/2021 of Crime No.146/2022 of Dhannura Police Station, pending on the file of the Civil Judge & JMFC at Bhalki, for the offences under Sections 498A, 323, 504, 506 and 448 of Indian Penal Code (for short ‘IPC’) and Sections

3 and 4 of Dowry Prohibition Act (for short ‘DP Act’).

Brief facts of the case:

2. It is the case of the prosecution that respondent No.2 married Visahal on 02.06.2019. At the time of marriage, it is stated that her parents had given sufficient dowry in the form of cash and gold. It is further stated that, she was residing happily in the matrimonial house till she gave birth to a female child. The family members were expecting the male child, however, as respondent No.2 gave birth to a female child, they did not tolerate and they were not happy. Therefore, they started insulting, harassing and giving trouble to her in one or other pretext.

3. In the year 2020, accused No.1 was demanding her to bring Rs.1,00,000/- to purchase the motorcycle. Further, it is stated that he used to come late hours in the evening. He was coming to the house after consuming alcohol and some times he was not coming to home for weeks together. It is further stated that the petitioners herein were insisting her to give divorce to her husband, as they were willing to perform the marriage of her husband with another woman.

4. On 18.12.2021, accused No.1 entered into the house of CW-4 and assaulted her and also gave life threat to her. Therefore, she lodged a complaint against all the family members including her husband.

5. Heard Sri Ravi Bheemasingh Chawan, learned counsel for the petitioners, Sri Jamadar S