IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 103813 OF 2023 (482(Cr.PC)/528(BNSS)-)

BETWEEN:

1. SRI. MUTTANAGOUDA S/O. FAKKIRAPPA @ FAKKIRGOUDA PATIL, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. MALAWAD, TQ. RON- 582203, DIST. GADAG.

2. SRI. KSHIGOUDA S/O. SHIVANAGOUDA KALLANANGOUDRA, AGE. 65 YEARS, OCC. AGRICULTUE- 582203, R/O. MALAWAD, TQ. RON, DIST. GADAG. …PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE)

AND:

Digitally signed by VISHAL NINGAPPA 1. STATE OF KARNATAKA, PATTIHAL Location: High BY RON POLICE STATION, Court of Karnataka, Dharwad Bench, REPRESENTED BY Dharwad THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD- 580001.

2. SMT. SUREKHA W/O. HANAMAPPA KITTALI, AGE. 40 YEARS, OCC: HOUSEWIFE, R/O. MALWAD, TQ. RON- 582203, DIST. GADAG.

…RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1, SRI. S.P. KANDAGAL, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE IS PRAYING TO QUASH ORDER DATE 24.11.2023 PASSED BY LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, IN SPL.C.(SC/ST) NO.39/2023, THEREBY TAKING COGNIZANCE FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 354, 447, 504, 506, R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(Va) OF SC/ST (PA) ACT-2015 AND ALLOW THE ABOVE CRIMINAL PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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 initially were accused Nos.1 and 2.

During the subsistence of the subject petition, it transpires that accused No.2 is no more. Therefore, the proceedings against accused No.2 has stood abated, what remains is against accused No.1.

2. The petitioner is before this Court calling in question the proceedings before the concerned Court in Special Case No.39 of 2023 registered for offences punishable under Sections 447, 323, 354(b), 392, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the SC/ST (POA) Act, 2015.

3. Heard the learned counsel Sri.Neelendra D.Gunde appearing for the petitioners, learned AGA Sri.T.Hanumareddy for the respondent-State and the learned counsel Sri.S.P.Kandagal appearing for respondent No.2.

4. The 2^nd respondent is the complainant. Long before the registration of the complaint, it transpires that the husband of the 2^nd respondent and the accused had certain dispute and the dispute was pending before the concerned Civil Court in O.S.No.443 of 2022. The concerned Court had granted temporary injunction in favour of the present petitioner, the accused. Long thereafter, when the temporary injunction was not vacated, a crime comes to be registered on 03.01.2023 against several persons. The police conduct investigation and dropped accused No.3 from the array of accused and retained accused Nos.1 and 2, out of whom, the accused No.2 is no more. Therefore, the accused No.1 is now alleged of the aforesaid offences.

5. The learned counsel appearing for the petitioner submits that the entire issue has a counter blast to the civil case registered by the petitioners, in which there is a temporary injunction granted in favour of the present petitioners. The learned counsel would submit that there is no ingredient of the offences under the Atrocities Act even made out to the remotest sense in the case at hand. Insofar as the other offences are concerned, the learned counsel would take this Court to the statement of the complainant herself that she had given a complaint in a haste and did not have any substance of the kind to give a complaint. Therefore, in all, he would submit that the proceedings will be quashed against the accused as there is no case made.

6. Per contra, the learned counsel appearing for the complainant would submit that mere pendency of the civil suit or a temporary injunction being granted by the concerned Court, would not mean that t