Karnataka High Court
Pavitra W/O Agasara Nagabhushan vs The State Of Karnataka on 11 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102372 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102372 OF 2024
BETWEEN:
1. PAVITRA W/O. AGASARA NAGABHUSHAN,
AGE: 34 YEARS, OCC: HOMEMAKER,
R/O: 2ND WARD, OPP. OLD PANCHAYAT OFFICE,
MAIN ROAD, HANDIHAL - 583 103,
CURRENT R/O: BASAVESHWAR CAMP,
KAPPAGALU - 583 103, TQ & DIST: BALLARI.
2. MEGARAJA S/O. HANUMANTHAPPA,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: KAPPAGALU - 583 103,
TQ AND DIST: BALLARI.
...PETITIONERS
(BY SMT. KAVYA SHETTAR, ADVOCATE APPEARED FOR
SRI HARSH DESAI & SRI C.S.SHETTAR, ADVOCATES)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA,
ASHPAK KASHIMSA
MALAGALADINNI REPRESENTED BY STATE PUBLIC PROSECUTOR,
Location: High Court
of Karnataka,
Dharwad Bench,
HIGH COURT BUILDING, DHARWAD,
Dharwad
THROUGH THE GANDHINAGAR P.S.,
BALLARI CITY SUB-DIVISION.
2. NAGABHUSHAN
S/O. AGASARA HONNARASWAMY,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: 2ND WARD, OLD PANCHAYAT OFFICE,
MAIN ROAD, HANDIHAL - 583 103,
TQ & DIST: BALLARI.
...RESPONDENTS
(BY SRI RAMESH B. CHIGARI, AGA FOR R1;
SRI Y. LAKSHMIKANT REDDY &
SMT. SOUBHAGYA S. VAKKUND, ADVOCATES FOR R2)
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CRL.P No. 102372 of 2024
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973,
SEEKING TO ADMIT AND ALLOW THE PETITION, QUASH THE
COMPLAINT AND FIR NO.0105/2023 DATED 24.09.2023 LODGED BY
GANDHINAGAR POLICE STATION, BALLARI FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 341, 323, 324, 504, 506 AND 34 OF
IPC AND ALSO ENTIRE PROCEEDINGS IN C.C. NO.69/2024 ON THE
FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT AT BALLARI
AGAINST THIS PETITIONERS/ACCUSED NO.1 AND 2. GRANT SUCH
OTHER RELIEFS AND ORDER, DEEMED FIT AND PROPER IN THE
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.1 and 2 praying
to quash the complaint, FIR in Crime No.105/2023 of
Gandhinagar police station registered for offences
punishable under Section 341, 323, 324, 506, 504, 34 of
Indian Penal Code(hereinafter referred to as ‘IPC‘ for
brevity) and entire proceedings in C.C.No.69/2024
pending on the file of the Principal Civil Judge and JMFC,
Ballari.
The case of the prosecution as narrated in Column
No.17 of the charge is that on 20.09.2023 at about 1.00
p.m. in front of Commercial Court, Ballari C.W.1, 4 and 5
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who are present at the spot at that time accused Nos.1
and 2 came there at that time C.W.4 went near his mother
-accused No.1 and asked her to come with him and asked
her not go to her parent’s house. At that time, accused
No.1 said to C.W.4 that she will hit him by chappal and
abused him in filthy language. At that time, accused No.2
told to C.W.4 to come to his house, stay and thereafter
take your mother and so saying abused him. At that time,
C.W.1 told him not to abuse his son as he is talking with
his mother and went outside with C.W.5. At that time,
C.W.4 told all happened due to her (accused No.1) stating
that she ought to have come to their house. At that time,
accused No.1 slapped on the cheek of C.W.4 and caused
internal injury. At that time, accused No.2 kicked to C.W.4
on his chest. At that time, C.W.1 and 5 came and asked
accused persons why they are assaulting his son, at that
time accused No.2 restrained C.W.1 and assaulted him
with hand to his back and abused and gave threat to take
his life and thereby committed offences punishable under
Sections 341, 323, 504, 506 read with Section 34 of IPC.
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On the basis of said charge sheet, the case came to be
registered against petitioners in C.C.No.69/2024 pending
on the file of the Principal Civil Judge and JMFC, Ballari.
The proceedings of said case have been sought to be
quashed in this petition by petitioners -accused Nos.1 and
2.
2. Heard learned counsel for petitioners and
learned AGA for respondent No.1 -State. Learned counsel
for respondent No.2 is not present.
3. Learned counsel for petitioners would contend
that the alleged incident has taken place on 20.09.2023
and complaint has been filed on 24.09.2023. There is
delay in filing the complaint. She further submits that eye
witnesses cited in the charge sheet i.e. C.W.4 and 5 are
children of C.W.1 who is respondent No.2 herein and they
are interested witnesses. The injuries sustained by C.W.4
are simply injuries. On these grounds she prayed for
quashing of the proceedings.
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4. Learned AGA for respondent No.1 -State would
contend that in the charge sheet there are three eye
witnesses i.e. C.W.4 to 6. Merely because there is delay
in filing the complaint, proceedings cannot be quashed.
He further submits that eye witnesses are interested or
not cannot be considered at this stage. With this, he
prays for dismissal of the petition.
5. Having heard learned counsels, this Court has
perused the charge sheet materials.
6. Petitioner No.1 is wife of respondent No.2 and
petitioner No.2 is father of petitioner No.1 and father-in-
law of respondent No.2. There was marital dispute
pending between respondent No.2 and petitioner No.1
before Court. The incident has taken place in the Court
premises. As per column No.17 of the charge sheet
accused Nos.1 and 2 assaulted C.W.4 and caused simple
injuries. C.W.1, 5 and 6 are eye witnesses to the incident
and C.W.4 is the injured. C.W.4 and 5 are children of
petitioner No.1 and respondent No.2. Merely because they
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are children of respondent No.2, at this stage it cannot be
said that they are interested witnesses. Apart from them,
there is another eye witnesses i.e. C.W.6. Merely because
there is delay in filing the complaint, the proceedings
cannot be quashed. There are no grounds for quashing of
proceedings in C.C.No.69/2024 pending on the file of the
Principal Civil Judge and JMFC, Ballari.
7. In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP/CT-ASC
List No.: 1 Sl No.: 34