(Prayer: This Criminal Petition is filed u/S.482 of Cr.P.C. (u/S.528 Of BNSS, 2023) praying to quash the entire proceedings against the petitioners (Accused No.1, 2 and 3) in C.C.No.1228/2025 pending on the file of Civil Judge and JMFC Navalgund, Dt. Dharwad for the offences punishable under Section 115(2), 118(1) and 351(2) r/w. 3(5) of BNS by Navalgund Police Station in Crime No.0056/2025, dated 05.04.2025, in the interest of justice and equity.

This Criminal Petition is filed u/S.528 of BNSS (u/S.482 of Cr.P.C.), praying to quash the entire criminal proceedings against the petitioner/accused No.1 to 4 in C.C. No.1229/2025 pending on the file of Civil Judge and JMFC Navalgund, Dharwad arising out of Fir No.0057/2025, dated 05.04.2025, registered by Navalgund Police Station, for the offences punishable under Section 189(2), 191(2), 191(3), 115(2), 118(1), 329(4), 352, 351(2), 351(3), 324(2) r/W. Sec. 190 of BNS, in the interest of justice and equity and etc.)

Oral Order

1. Criminal Petition No.100559/2026 is filed under Section 482 of Cr.P.C. by the petitioners seeking to quash the entire proceedings in connection with Crime No.56/2025 (C.C.No.1228/2025) of Navalgund Police Station, registered for the offences punishable under Sections 115(2), 118(1) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'), pending on the file of learned Civil Judge and JMFC, Navalagund, Dharwad District, whereas Criminal Petition No.102015/2026 is filed under Section 482 of Cr.P.C. by the petitioners seeking to quash the entire proceedings in connection with crime No.57/2025 (C.C.No.1229/2025) of Navalagund Police Station, registered for the offences punishable under Sections 191(2), 191(3), 115(2), 118(1), 329(4), 352, 351(2), 351(3), 324(2) read with Section 190 of BNS, 2023, on the file of learned Civil Judge and JMFC, Navalagund, Dharwad District.

2. Brief facts of the prosecution case in nutshell in both the petitions are as under:

3. On 04.04.2025 at 09.00 p.m. and 05.04.25 at 01.30 a.m., these petitioners came to the house of first informant, took quarrel with the first informant, trespassed to the house. The accused assaulted him with stick on his head and caused injuries and also voluntarily caused hurt to the wife of the first informant. The accused also assaulted the children of the first informant with stick and hands and caused mischief by damaging the house. Hence, the first informant lodged the complaint. This led to registration of an FIR and initiation of investigation against the petitioners. The Investigating Officer investigated the matter and filed charge sheet. The trial court took cognizance of the alleged offence. Taking exceptions to the same, the petitioners/accused filed these petitions.

4. In both the petitions, the counsels for the petitioners vehemently contended that there is a civil litigation pending between the parties. The petitioners have been falsely implicated in the case and there are no materials so as to connect the petitioners in this case. The charge sheet materials do not disclose the commission of the alleged offences. Further, the stick is not seized and as per the wound certificate, there are no external injuries found on the victims. Hence, cognizance taken by the learned Magistrate is without any substance. Accordingly, both the counsels prayed to allow the petitions.

5. Learned HCGP contended that the charge sheet materials clearly disclose the commission of alleged offence. The veracity of allegation against the accused can be considered only after a full-fledged trial. Hence, learned HCGP prayed for rejection of the petitions.

6. Having perused the material available on record, this Court finds that the alleged incident is stated to have occurred on 04.04.2025 at about 09:00 p.m. and thereafter on 05.04.2025 at about 01:30 a.m. A perusal of the charge-sheet material discloses that there is a dispute between the parties, which has resulted in case and counter-case. It is also forthcoming from the material on record that none of the parties has sustained any grievous injuries. The allegations with regard to the alleged assault by the accused persons are general and omnibus in nature, and no specific overt act has been attributed to the individual petitioners. The wound certificate also indicates that the injured had complained of pain over the shoulder; however, no external injuries were found upon examination.

7. It is not in dispute that civil litigation is pending between the parties. Having regard to the pendency of civil proceedings, the existence of case and counter-case, the nature of the allegations contained in the FIR and the charge- sheet, and the medical evidence available on record, this Court is of the considered view that the allegations against the petitioners are general and omnibus in nature and do not disclose specific overt acts constituting the alleged offences. In such circumstances, continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Hence, in order to secure the ends of justice, the proceedings initiated against the petitioners in both the petitions are liable to be quashed.

8. Hence, this court proceed to pass the following:

ORDER

          i) The Criminal Petition No.100559/2026 is allowed.

          ii) The entire proceedings initiated against the petitioners in connection with Crime No.56/2025 (C.C.No.1228/2025) of Navalgund Police Station, registered for the offences punishable under Sections 115(2), 118(1) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'), pending on the file of learned Civil Judge and JMFC, Navalagund, Dharwad District are hereby quashed.

          iii) The Criminal Petition No.102015/2026 is allowed.

          iv) The entire proceedings initiated against the petitioners in connection with crime No.57/2025 (C.C.No.1229/2025) of Navalagund Police Station, registered for the offences punishable under Sections 191(2), 191(3), 115(2), 118(1), 329(4), 352, 351(2), 351(3), 324(2) read with Section 190 of BNS, 2023, on the file of learned Civil Judge and JMFC, Navalagund, Dharwad District are hereby quashed.

Pending I.A's, if any, stand disposed off, as it do not survive for any consideration.