SMT M.L. DAMAYANTHI vs THE STATE BY HARIHARAPURA POLICE

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HC-KAR
NC: 2026:KHC:62172
CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


CNR: KAHC010115812024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO. 1932 OF 2024

C/W

CRIMINAL PETITION NO. 1992 OF 2024


IN CRL.P No. 1932/2024

BETWEEN:

1. SMT M.L. DAMAYANTHI
AGED ABOUT 73 YEARS
W/O SRI VENKATEGOWDA K.S
KONEGADDE
BOMLAPURA VILLAGE
KOPPA TALUK
CHIKKAMAGALURU-577 120

2. MR VENKATEGOWDA
AGED ABOUT 77 YEARS
S/O LATE SRI. SANNEGOWDA
KONEGADDE
BOMLAPURA VILLAGE
KOPPA TALUK
CHIKKAMAGALURU-577 120
…PETITIONERS

(BY SRI. PRABHAKARA LAXMANA SHETTY, ADVOCATE)

AND:

1. THE STATE BY HARIHARAPURA POLICE
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE-560001










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


CNR: KAHC010115812024



2. SMT THIRTHA B.A
AGED ABOUT 38 YEARS
W/O SRI GIRISH K.V
R/A KONEGADDE
BOMLAPURA VILLAGE
KOPPA TALUK
CHIKKAMAGALURU-577 120
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. UDAYA KUMAR REDDY B.R, ADVOCATE FOR
SRI. ABHINAY Y.T)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN
C.C.NO.952/2023 (CR.NO.11/2023 OF THE 1ST RESPONDENT
POLICE) ON THE FILE OF CIVIL JUDGE AND J.M.F.C., KOPPA,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 504, 506, 323
R/W 34 OF IPC.

IN CRL.P NO. 1992/2024

BETWEEN:

1. SMT CHAITHRA K.V
AGED ABOUT 52 YEARS
W/O SRI .GOPALA GOWDA
THOTADA MANE
BOMLAPURA VILLAGE
KOPPA TALUK
CHIKKMAGALURU-577 120

2. SMT CHARITHA K.V
AGED ABOUT 46 YEARS
W/O SRI DEVENDRA R
YETAGALLU RASTE
YETAGALLU
KODURU VILLAGE

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HC-KAR
NC: 2026:KHC:62172
CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


CNR: KAHC010115812024



HOSANAGAR POST
SHIVAMOGGA-577 418
...PETITIONERS
(BY SRI. PRABHAKARA LAXMANA SHETTY, ADVOCATE)

AND:

1. THE STATE BY HARIHARAPURA POLICE
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE-560 001

2. SMT THIRTHA B.A
W/O SRI GIRISH K V
AGED ABOUT 38 YEARS
RESIDING AT KONEGADDE
BOMLAPURA VILLAGE
KOPPA TALUK
CHIKKAMAGALURU
KARNATAKA-577 120
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. UDAYA KUMAR REDDY B.R, ADVOCATE FOR
SRI. ABHINAY Y.T, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN
C.C.NO.952 OF 2023 (CRIME NO.11 OF 2023 OF THE
HARIHARAPURA POLICE) ON THE FILE OF THE CIVIL JUDGE
AND JMFC AT KOPPA, CHIKKAMAGALURU, FOR THE
OFFENCE P/U/S 504, 506, 323 R/W 34 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


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ORAL ORDER

1. Crl.P.No.1992/2024 is filed by accused Nos.1 and 2
and Crl.P.No.1932/2024 is filed by accused Nos.3 and 4 under
Section 482 of Cr.P.C. seeking to quash the proceedings
against them in C.C.No.952/2023 arising out of Crime
No.11/2023 registered by the 1st respondent - police for the
offences punishable under Sections 504, 506, 323 read with
Section 34 of IPC, pending on the file of the learned Civil Judge
& JMFC, Koppa.
2. Accused Nos.1 and 2 are the sisters-in-law and
accused Nos.3 and 4 are the mother-in-law and father-in-law of
respondent no.2.
3. The factual matrix of the case is that, respondent
No.2 lodged a complaint against the accused-petitioners
alleging that the marriage of respondent no.2 was solemnized
with one Girish K.V. (son of accused Nos.3 and 4) and it was an
inter-caste marriage. As such, the petitioners opposed the said
marriage. However, on 15.03.2023 at about 08:45 p.m., the
petitioners, trespassed into the house of respondent no.2 and

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CRL.P No. 1932 of 2024
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abused her in filthy language. Thereafter, they also foisted life
threat to her. However, the complaint came to be lodged on
18.03.2023, after lapse of three days. On the strength of the
said complaint, FIR came to be registered in Crime No.11/2023
for the aforementioned offences. Subsequently, the police
investigated the case and laid charge sheet against the
petitioners. The learned Magistrate took cognizance of the
offence. Aggrieved by which, the petitioners are before this
Court.
4. Heard the learned counsel for the petitioners,
learned counsel for respondent No.2 and the learned HCGP.
5. The contention of the learned counsel for the
petitioners is that though accused No.3 lodged a complaint
before the 1st respondent - police on 15.03.2023 against
respondent No.2, the same was registered after two days in
Crime No.9/2023 i.e., on 18.03.2023, on which day,
respondent No.2 also lodged the present complaint. The police,
after investigation in Crime No.9/2023, laid charge sheet
against respondent No.2 in C.C.No.865/2023. According to the
learned counsel, the instant complaint was lodged as a counter

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CRL.P No. 1932 of 2024
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CNR: KAHC010115812024



blast out of vengeance since accused No.3 filed an application
before the Assistant Commissioner & Chairman, Parents-Senior
Citizen Maintenance Tribunal, Chikkamagaluru, seeking
necessary protection and maintenance of Rs.15,000/- every
month and to release the house from her son i.e., the husband
of respondent No.2. Hence, he prayed to allow the petitions.
6. The prayer is opposed by learned counsel for
respondent no.2 on the ground that the charge sheet has been
filed and the statement of material witnesses prime facie reveal
the involvement of the petitioners in the offences for which
they have been charge sheeted. The prayer is also opposed by
learned HCGP. They both prayed for dismissal of the petitions.
7. On careful scrutiny of the complaint averments and
charge sheet material, the relationship between the parties are
not in dispute and it is also not in dispute that there is a family
dispute between the petitioners and respondent no.2 and her
husband i.e., the son of accused Nos.3 and 4. The said dispute
culminated with filing of cases by respondent no.2 against the
petitioners and, by the petitioners against respondent no.2.
However, the complaint lodged by accused No.3 against

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NC: 2026:KHC:62172
CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


CNR: KAHC010115812024



respondent no.2 ended up with acquittal. On perusal of the
complaint averments, it is clear that the instant complaint has
been filed after lapse of 3 days i.e., on 18.03.2023 from the
date of incident i.e., 15.03.2023. Except some bald and
omnibus allegations, no specific averments are made against
these petitioners in the complaint. In such circumstances, it
could be presumed that the instant complaint has been lodged
by respondent No.2 out of vengeance as a counter blast to the
complaint lodged by accused No.3.
8. Accused Nos.3 and 4, being the senior citizens and
the parents-in-law and accused Nos.1 and 2, being the sisters-
in-law of respondent No.2, even if the entire charge sheet
averments taken on its face value, there is no offence made out
against the petitioners for which they have been charge
sheeted. In such circumstances, continuation of proceedings
against the petitioners amounts to abuse of process of Court.
Hence, the proceedings against the petitioners in both the
petitions in C.C.No.952/2023 arising out of Crime No.11/2023
registered by the 1st respondent - police for the offences
punishable under Sections 504, 506, 323 read with Section 34

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HC-KAR
NC: 2026:KHC:62172
CRL.P No. 1932 of 2024
C/W CRL.P No. 1992 of 2024


CNR: KAHC010115812024



of IPC, pending on the file of the learned Civil Judge & JMFC,
Koppa, are hereby quashed.
The petitions are accordingly allowed.




SD/-
(RAJESH RAI K)
JUDGE













PKS
List No.: 1 Sl No.: 18