IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21^ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201031 OF 2022 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. DR. NAGESH S/O MADHAV PAREKAR, AGE:36 YEARS, OCC: NEUROLOGY DOCTOR, R/O. H.NO. 729, NEW PACHA PETH, ASHOK CHOWK, SOLAPUR (M.S).

2. MADHAV S/O PUNDALIKRAO PAREKAR, AGE:65 YEARS, OCC: RETD. SERVICE, R/O H.NO. 729, NEW PACHA PETH, ASHOK CHOWK, SOLAPUR (M.S).

3. DR. SUNANDA W/O MADHAV PAREKAR, AGE:60 YEARS, OCC: RETD. LECTURER, R/O. H.NO. 729 NEW PACHA PETH, ASHOK CHOWK, SOLAPUR (M.S).

4. MAHESH S/O MADHAV PAREKAR, AGE:34 YEARS, OCC: PRIVATE SERVICE, R/O. H.NO. 729, NEW PACHA PETH, ASHOK CHOWK, SOLAPUR (M.S).

5. DR. ROOPA W/O SANDEEP AMBEKAR, AGE:60 YEARS, OCC: GOVT. DOCTOR, R/O. AURANGABAD, MAHARASHTRA STATE. 6. DR. SANDEEP S/O SITARAM AMBEKAR, AGE:45 YEARS, OCC: GOVT. DOCTOR, R/O. DATTAJI BHALE, BLOOD BANK, HADGEWAR C/O DR. HADGEWAR, RUNGNALAYA CAMPUS NEAR GAJANAN MANDIR, JAWAHAR COLONY, ROAD, JHARKHEDA PRISIR, AURANGABAD (MAHARASHTRA).

7. DR. GEETA W/O AMEET SITAWAR, AGE:50 YEARS, OCC: GYNECOLOGIST, R/O. MAULI HOSPITAL, BEHIND D MART, TIRUMALA NAGAR, PARUNA ROAD, NANDED.

8. SRI DR. AMIT SITAWAR, AGE:55 YEARS OCC: DOCTOR, R/O. MAULI HOSPITAL, BEHIND D MART, TIRUMALA NAGAR, PARUNA ROAD, NANDED-431605.

9. SRI DR. SONALI W/O VISHAL MAINDARKAR, AGE:32 YEARS, OCC: DOCTOR, R/O. BARLOG HOSPITAL, MITRA NAGAR, BEHIND L.G. SHOWROOM, LATUR (M H)-413512.

10 SRI DR. VISHAL S/O VIJAY MAINARKAR, AGE:38 YEARS, OCC: DOCTOR, R/O. BARLOG HOSPITAL, MITRA NAGAR, BEHIND L.G. SHOWROOM, LATUR (M H)-413512.

…PETITIONERS (BY SRI ARUN CHOUDAPURKAR, ADVOCATE)

AND:

1. SMT. AMEETHA W/O NAGESH PAREKAR, D/O MANOHAR DOIJODE, AGE:30 YEARS, OCC: HOUSEHOLD, R/O. H.NO. 729 NEW PACHA PETH, ASHOK CHOWK, SOLAPUR, NOW AT, PARENTAL HOUSE NO. 3-122-1, PUTANI GALLI, HUMNABAD, DIST. BIDAR.

2. ADDYANT S/O NAGESH PAREKAR, AGE:1 YEARS, U/G OF REAL MOTHER, R/O. HUMNABAD, DIST. BIDAR.

U/G RESPONDENT NO.1.

…RESPONDENTS (BY SRI S.S. SAJJANSHETTY AND SMT. SHIVALEELA S.S., ADVOCATES)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 TO 10 IN D.V.C.NO.568/2022 (CRI.MISC.NO.568/22 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT HUMNABAD, BY ALLOWING THIS PETITION. AND TO GRANT ANY OTHER RELIEF WHICH THE HON’BLE COURT DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION COMING ON FOR FINAL HEARING, 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 are the husband and in-laws of respondent No.1. The petitioners are seeking quashing of the proceedings in DVC No.568/2022, pending on the file of the learned Principal Civil Judge, Humnabad.

2. Brief facts of the case are that, petitioner No.1 married to respondent No.1 on 01.02.2019 at Humnabad, Bidar district. After the marriage, petitioner No.1 and respondent No.1 were living together in the same house and she has spent happy life for some time. After two to three months, her mother-in-law, father-in-law and sister- in-laws started ill-treating her by saying that she should bring additional dowry of Rs.5 lakhs in cash etc. It is further stated that petitioner No.1 used to come to the house by consuming alcohol and was beating and abusing respondent No.1 in filthy language.

3. It is further stated that, respondent No.1 had been subjected to ill-treatment in her matrimonial house and being unable to tolerate the same, she came back to her parents’ house on 12.04.2019. When respondent No.1 left her matrimonial house, she was pregnant and on 06.01.2020, she gave birth to a male child. After giving birth to a male child, none of the family members of petitioner No.1 have visited respondent No.1 to lookafter the child. Therefore, she filed a petition before the Trial Court under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short ‘D.V.Act’). Therefore, the petit