Karnataka HC Quashes Assault Charge Sheet Against Wife After Her Counter-Complaint, Orders Women’s Police Station To Reinvestigate Both Cases

Respondent No. 2 complained to Hassan Town Police that petitioner No. 1 had quarrelled with and assaulted him on 13 September 2017; the complaint was registered as Crime No. 260/2017 for offences under Sections 323 and 504 read with Section 34 IPC. The police filed a charge sheet against the petitioners.

Petitioner No. 2 had separately lodged a complaint against respondent No. 2 at Hassan Women Police Station on 14 September 2017, registered as Crime No. 97/2017. That matter remained under investigation, and an earlier order of the High Court had directed that it be investigated by the Women Police Station.

The petitioners challenged the cognizance and proceedings in C.C. No. 51/2018, contending that the complaints were case and counter-case and should be dealt with in accordance with the Full Bench ruling in State of Karnataka, by Circle Inspector of Police v. Hosakeri Ningappa and Another.

The petition invoked Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure.

The Court relied on the Full Bench decision in State of Karnataka, by Circle Inspector of Police v. Hosakeri Ningappa and Another, ILR 2012 KAR 509, as governing the handling of case and counter-case investigations and reports.

It also referred to Section 173 Cr.P.C. as the provision under which the investigating agency must file its reports.

The Court treated the two complaints as case and counter-case and noted that an earlier order had already directed investigation of petitioner No. 2’s complaint by the Women Police Station, Hassan, as that complaint was earlier in time.

In those circumstances, the Court held that the charge sheet filed by Hassan Town Police in Crime No. 260/2017 could not be sustained under the principles in Hosakeri Ningappa.

It therefore set aside the cognizance and trial proceedings and directed a fresh investigation of both complaints by the same police station, with reports to be filed in accordance with law.

The Women Police Station, Hassan, was directed to investigate both complaints and file appropriate reports under Section 173 Cr.P.C. by 31 December 2026; the Superintendent of Police was directed to arrange transfer of the relevant papers by 30 November 2026. The parties and other accused were directed to cooperate.

The petition was disposed of.