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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 11^TH DAY OF NOVEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.201353/2021

BETWEEN:

1.

SMT. DEVINDRAMMA

D/O DEVINDRAPPA HADNUR

AGE: 36 YEARS, OCC: HOUSEHOLD,

R/O BENAKANHALLI

TQ. AND DIST.YADGIR-585215.

2.

SMT. RENUKA

D/O DEVINDRAPPA HADANUR

AGE: 35 YEARS, OCC: HOUSEHOLD

R/O H.NO.138, KHB COLONY

GANDHINAGAR GOKUL ROAD HUBLI

DHARAWAD-580030.

3.

SMT.SABAVVA W/O SANNAGURANNA

AGE: 36 YEARS, OCC: AGRI.

R/O H.NO.E/1122, ISLAMPUR

TQ.HUNASAGI

DIST.YADGIR 585215.

4.

SMT. JYOTHI W/O HALLEPPA HADNUR

AGE: 30 YEARS, OCC: HOUSEHOLD,

R/O ISLAMPUR

TQ. HUNASAGI

DIST.YADGIR-585215

… PETITIONERS

(BY SRI BHIMASHANKAR, ADVOCATE)

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AND:

1.

THE STATE OF KARNATAKA

THROUGH HUNASAGI POLICE STATION

TQ.HUNASAGI

DIST.YADGIR

R/BY HCGP HIGH COURT BUILDING

HIGH COURT OF KARNATAKA

AT KALABURAGI BENCH-585107.

2.

POORNIMA @ ASHWINI

W/O JETTEPPA

AGE: 25 YEARS, OCC: AGRI.

R/O ISLAMPUR

TQ. HUNASAGI,

DIST. YADGIR-585215

… RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, HCGP FOR R1;

SRI RAJESH DODDAMANI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH FIR,

COMPLAINT,

CHARGE

SHEET

AND

ITS

CONSEQUENT

PROCEEDINGS

IN

C.C.NO.521/2021

(CRIME

NO.68/2020)

REGISTERED BY THE HUNASAGI POLICE STATION HUNASAGI

TQ. HUNASAGI DIST. YADGIR FOR THE ALLEGED FOR THE

OFFENCES PUNISHABLE UNDER SECTIONS 143, 323, 324, 354,

355, 498-A, 504, 506, 109 R/W SEC.149 IPC PENDING ON THE

FILE OF ADDL. CIVIL JUDGE AND JMFC, SHORAPUR, TQ.

SHORAPUR AND DIST. YADAGIR.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

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O R D E R

This petition is filed under Section 482 of Cr.P.C.,

praying

this

Court

to

quash

the

FIR,

complaint,

chargesheet and in C.C.No.521/2021 (Crime No.68/2020)

registered by the Hunasagi Police Station, taluk Hunasagi,

District Yadgir for the offences punishable under Sections

143, 323, 324, 354, 355, 498-A, 504, 506, 109 read with

section 149 of IPC pending on the file of Additional Civil

Judge and JMFC Court at Shorapur, tq. Shorapur, District

Yadgir.

2.

Heard the learned counsel for the petitioners

and the learned High Court Government Pleader for the

State.

3.

The factual matrix of the case is that in the

complaint dated 26.07.2020, the complainant stated that

on 25.07.2020 at about 12.00 noon, her husband and

mother-in-law and other family members assaulted the

complainant and her mother with chappal, pipe and stick.

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In the complaint omnibus allegation is made against these

petitioners that they have instigated the husband and

mother-in-law and also that all of them have kicked and

made them to fall on the ground, as a result they

sustained grievous injuries and included the names of

these petitioners. The police have investigated the matter

and filed the chargesheet.

4.

The

learned

counsel

for

the

petitioners

vehemently contended that there is no specific allegation

made against these petitioners and only general omnibus

allegation is made that all of them joined together and

assaulted but there is an improvement in the statement of

witnesses during the course of investigation that these

petitioners have also assaulted with their hands and

abused the complainant. The learned counsel would also

submit that these petitioners are not the family members

of the husband of the complainant but they are the

children of grandfather’s brother and it is an abuse of

process they have been falsely implicated in the case.

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5.

Per contra, learned counsel for the complainant

would submit that even though there is no specific

allegation made in the complaint and witnesses who have

been

examined

during

the

course

of

investigation

specifically mentioned that they have assaulted with their

hands and caused the life threat. The police have

investigated