SWAPNA NAYAR v. THE STATE OF KARNATAKA

(BY SRI ASHOKA T., ADVOCATE) AND:

1. THE STATE OF KARNATAKA THROUGH SHIMOGA WOMEN P.S. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001.

2. SMT. SWATHI M., W/O. MR. MANJUNATHA M. AGED ABOUT 29 YEARS …PETITIONER - 2 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR RESIDING AT SAKREBYLU, GAJANURU SHIVAMOGGA-577 201. (BY SMT. SOWMYA R., HCGP FOR R.1; R.2:SERVED) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE IN C.C.NO.1770/2024 FIR BEARING CHARGE SHEET FILED NO.0071/2023 DATED 06.07.2023 REGISTERED BY THE 1st RESPONDENT POLICE ON THE FALSE COMPLAINT FILED BY THE RESPONDENT NO.2 PENDING ON THE FILE OF THE JMFC 2nd COURT SHIMOGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 313, 506, 114 AND 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, ETC. IN CRL.P.NO.11160/2023 BETWEEN:

1. MR. MANI K. S/O LATE KUPPAN AGED ABOUT 62 YEARS R/AT NO.756/A 28TH MAIN, 30TH B CROSS 4TH T BLOCK, TILAKNAGAR JAYANAGAR, BENGALURU-560 011.

2. SMT. ASHWINI M. W/O MR. KAVIARASAN M. AGED ABOUT 32 YEARS R/AT NO.756/A, 28TH MAIN 30TH B CROSS, 4TH T BLOCK TILAKNAGAR, JAYANAGAR BENGALURU-560 011.

3. MR. KAVI ARASAN S/O MR. K. MUTTU AGED ABOUT 44 YEARS R/AT NO.756/A, 28TH MAIN 30TH B CROSS, 4TH T BLOCK TILAKNAGAR, JAYANAGAR - 3 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR BENGALURU-560 011.

4. MRS. SUBHASHINI M. W/O CHANDRASEGARAN AGED ABOUT 30 YEARS R/AT NO.4, 3RD MAIN PUTTENAHALLI, J.P. NAGARA 7TH PHASE, BENGALURU-560 078.

5. MRS. USHA M. W/O GOVARDHAN AGED ABOUT 38 YEARS R/AT NO.756/A, 28TH MAIN 30TH B CROSS, 4TH T BLOCK TILAKNAGAR, JAYANAGAR BENGALURU-560 011.

6. MRS. NALINI W/O MR. MUTHU AGED ABOUT 57 YEARS R/AT NO.756/A, 28TH MAIN 30TH B CROSS, 4TH T BLOCK TILAKNAGAR, JAYANAGAR BENGALURU-560 011. (BY SRI KEERTHI PRASAD D.C., ADVOCATE) AND:

1. THE STATE OF KARNATAKA THROUGH SHIMOGA WOMEN P.S. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001.

2. SMT. SWATHI M. W/O MR. MANJUNATHA M. AGED ABOUT 29 YEARS R/AT SAKREBYLU GAJANURU, SHIVAMOGGA-577 201. ...PETITIONERS - 4 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR ...RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R.1; R.2: SERVED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH FIR BEARING NO.0071/2023 DATED 06.07.2023 REGISTERED BY THE 1st RESPONDENT POLICE IN SHIVAMOGGA WOMEN P.S., COMPLAINT FILED BY THE RESPONDENT NO.2 PENDING ON THE FILE OF THE JMFC 2nd COURT SHIMOGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 313, 506, 114 AND 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In these petitions, petitioners seek quashing of the impugned proceedings arising out of FIR registered in Crime No.71/2023 dated 06.07.2023 which is currently pending in C.C.No.1770/2024 before the trial Court.

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2-de-facto complainant - Smt.Swathi.M having been served with notice of the petitions, has chosen to remain unrepresented and has not contested the petitions. - 5 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR

3. A perusal of the material on record would indicate that the second respondent – complainant is the wife of one Manjunath who is arrayed as accused No.1 in the impugned proceedings in which accused Nos.2 to 7 are the family members of the aforesaid Manjunath who have preferred Crl.P.No.11160/2023. So also, the petitioner in Crl.P.No.10271/2024 alleged to be the girl friend of the aforesaid Manjunath and she is arrayed as accused No.8 in the impugned proceedings.

4. A perusal of the material on record comprising of the complaint, FIR, charge sheet materials, statement of witnesses, document etc., would indicate that the offences alleged against the petitioners who are family members of accused No.1, Manjunath, who is the husband of the defacto complainant and the petitioner - Swapna Nayar, revolves primarily around the allegation under Section 498A of IPC and ancillary offences. In this context, it is pertinent to note insofar as the offence punishable under Section 498A and other ancillary offences against the alleged girl friend of the accused No.1 is concerned, the same are not maintainable and deserve to be quashed in the light of the judgment of the Apex Court in the case of Dechamma I.M. @ Dechamma Koushik Vs. - 6 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR the State of Karnataka and Another in SLP (Crl.) No.3421/2022 decided on 04.12.2024.

5. Insofar as the offences alleged against the family members of the petitioners are concerned, the Apex Court has repeatedly held that unnecessary dragging the family members of the husband into matrimonial dispute, is impermissible has held in various judgments and also the case of Kailash Ben Mahendrabhai Patel and Others Vs. State of Maharashtra and Another - 2024 SCC Online SC 2621. Under these circumstances, I am of the considered opinion that continuation of the impugned proceedings against the petitioners / accused Nos.2 to 8 would amount to abuse of process of law warranting interference in the present petitions.

6. In the result, the following: ORDER (i) Petitions are hereby allowed. (ii) The impugned / entire proceedings C.C.No.1770/2024 pending on the file of the JMFC 2nd Court, Shimoga District, arising out of Crime - 7 - NC: 2025:KHC:19609 CRL.P No. 10271 of 2024 C/W CRL.P No. 11160 of 2023 HC-KAR No.71/2023 qua the petitioners / accused Nos.2 to 8, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 3 Sl No.: 15