Criminal Petition No. 10615 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10615 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT NAGAMANI W/O SRINIVAS HINDU AGED ABOUT 61 YEARS 2. SRI. SRINIVAS M S/O G.MUNISWAMAPPA HINDU AGED ABOUT 65 YEARS 3. SRI. MANOHAR M S S/O SRINIVAS M HINDU AGED ABOUT 34 YEARS ALL ARE R/AT NO. 550/D 2ND CROSS, 2ND MAIN MUTHYALANAGARA BANGALORE-560 054 (BY SRI. MURTHY K, ADVOCATE) AND:
Legal Reasoning
Digitally signed by REKHA R Location: High Court of Karnataka …PETITIONERS 1. STATE OF KARNATAKA REPRESENTED BY JALAHALLI POLICE STATION BANGALORE CITY REPRESENTED BY ITS - 2 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR GOVERNMENT PLEADER HIGH COURT COMPLEX BANGALORE-560009
Legal Reasoning
2. SMT. SWATHI W/O MADHUKAR D/O UMAPATHI AGED ABOUT 27 YEARS R/AT NO. 24, 6TH CROSS MUNESHWARA LAYOUT AYYAPPANAGAR, K.R. PURAM BANGALORE-560036 ALSO AT C-3, C O AND M SUB DIVISION SHX2+F49, BEL COLONY JALAHALLI, BANGALORE-560 013 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.SRIDHARA.K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THEM IN CR.NO.56/2022 DATED 07.06.2022 REGISTERED BY 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S 498A,34 OF IPC AND SEC.3 AND 4 OF D.P ACT AND CHARGE SHEET DATED 18.07.2022 AS PER ANNEXURE-D WHICH IS NOW PENDING AS PER ANNEXURE-C IN C.C.NO.30136/2022 BEFORE THE HONBLE 39TH A.C.M.M COURT AT BENGALURU BASED ON COMPLAINT OF THE RESPONDENT NO.2 AND ALLOW THIS CRL.P AS PRAYED FOR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR ORAL ORDER Petitioners who are arraigned as accused nos.2 to 4 have filed this petition under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.30136/2022 on the file of 39th Addl.Chief Metropolitan Magistrate Court, Bengaluru for the offences punishable under Sections 498-A r/w 34 IPC and Sections 3 and 4 of the Dowry prohibition Act ('DP Act' for short). 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. Accused Nos.2 and 3 are the parents and accused No.4 is the brother of accused No.1. The marriage of accused No.1 and respondent No.2/complainant took place on 30.11.2015 at Bengaluru. - 4 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR 4. It is contended by accused Nos.2 to 4 that after the marriage complainant stayed in the matrimonial home from 2015 to 2021. During September 2021, on the date of Bhimana Amavasya, complainant abruptly left the matrimonial home without attending the Pooja. She started attending to her work from her parental home and did not return to the matrimonial home. Despite request made by accused No.1, on 21.11.2021, complainant along with her parents came and took away all her belongings, including jewellery, clothes, original educational records, and her personal belongings from the matrimonial home. When accused No.1 tried to meet her, she evaded and neglected him. 4.1 On 06.01.2022 when accused No.1 was on duty at Kundana Gate, the brothers of complainant along with few rowdy elements came and assaulted him mercilessly and caused injuries. In this regard Cr.No.5/2022 was registered with HAL police for the offences punishable under Sections 504, 506,341, 323, 324, 341 r/w Section 34 IPC and a - 5 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR charge sheet is filed in C.C.No.54442/2022 before the 29th ACMM Court, Bengaluru. However, on the intervention of the concerned police, accused No.1 and complainant stayed in the house belonging to the aunt of accused No.1 from February to May 2022. When things did not improve, accused No.1 filed MC.No.3063/2022 on 27.05.2022. After receipt of notice from the Court, complainant has chosen to file the complaint on 07.06.2022, which culminated in filing the charge sheet. 5. In support of the petition, accused Nos.2 to 4 have contended that the filing of the charge sheet is illegal, baseless and without any basis. The allegations in the charge sheet are false and incorrect. From 2015 to September 2021, there were no allegations or grievance against the accused persons, including the petitioners. Accused No.2 is an employee of BSNL. Accused No3 and his wife are Engineers. Even complainant is an employee of BESOM. All of them used to leave the house in the morning - 6 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR and return in the evening. The daughter of accused Nos.2 and 3 is blind. Accused No.3 used to take care of the household affair and also her blind daughter. She has no complaints against the accused persons even after she left the matrimonial home during September 2021. It was the brother of complainant along with Gunda elements who assaulted accused No.1 and in fact, a criminal complaint is filed against them and it is submitted that though on the intervention of concerned police accused No.1 and complainant lived separately in the house of aunt of accused No.1, things did not improve and therefore he filed petition seeking divorce. Only after receiving the notice from the Family Court, complainant has chosen to file the false complaint. The continuation of the criminal proceedings against petitioners would amount to abuse of process of the Court and hence the petition. 6. On the other hand learned counsel representing complainant and the learned High Court Government - 7 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR Pleader representing respondent No.1 - State submit that after the marriage for a period of three years, life went on smoothly for the complainant in the matrimonial home. After realising that she could not get children, harassment started. She was forced to give divorce or to get ₹25 lakhs from her parents. She was also forced to do job. Accused No.1 used to come drunk and at the instigation of the other accused used to cause physical and mental harassment and ultimately she was driven out of the matrimonial home. When she came along with her father to the matrimonial home, she was abused and assaulted. After conducting detailed investigation, charge sheet is filed, which makes a strong prima facie case. It is not a case for quashing the criminal proceedings and pray to reject the petition. 7. Heard arguments and perused the record. 8. Undisputed facts are that the marriage of complainant and accused No.1 was performed on 30.11.2015. According to the complainant, she was driven out of the matrimonial home on 05.06.2022. Till the said - 8 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR date there were no complaints against the petitioners. In fact, on 07.06.2022, the brothers of complainant and others assaulted accused No.1 and in this regard, he has filed complaint in Cr.No.5/2022, and after conducting investigation, a charge sheet is filed against them. After the said incident, on the intervention of the police, accused No.1 set up a separate residence for complainant in the house of his aunt. Admittedly, complainant and accused are not having any issues out of the wedlock. He choose to file M.C.No.3063/2022 against complainant seeking divorce on the ground of cruelty. Only after receipt of summons from the Family Court, the complainant has chosen to file the present complaint. 9. Having regard to the fact that only after accused No.1 choose to file petition seeking divorce, the complainant has filed a complaint, including her parents-in- law, brother-in-law, appears to pressurize accused No.1 to come to terms with her. In the above facts and circumstances, this Court is of the considered opinion that - 9 - NC: 2025:KHC:21410 CRL.P No. 10615 of 2022 HC-KAR continuation of the criminal proceedings against accused Nos.2 to 4 amount to abuse of the process of the Court. It is a fit case to quash the criminal proceedings against them and accordingly the following:
Decision
ORDER (i) Petition filed by the accused Nos.2 to 4 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings dated 07.06.2022 in Cr.No.56/2022 on the file of 39th ACMM, Bengaluru is hereby quashed so far as petitioners/accused Nos.2 to 4 are concerned. (iii) The Registry is directed to send a copy of this order to the trial court through e-mail. RR List No.: 1 Sl No.: 48 Sd/- (J.M.KHAZI) JUDGE