- 1 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 201016 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. DEVAKI @ DEVAKAMMA W/O VIRAYYA MATH, AGE:55 YEARS, OCC:HOUSEHOLD WORK, R/O. NO.6, NEAR HANUMAN TEMPLE, YAKTAPUR, POST. MUNIRBOMMANAHALLI, TQ. AND DIST. YADGIR-585216. 2. VIRAYYA S/O PARAMAYYA MATH, AGE:71 YEARS, OCC:ARCHAKA, R/O. AURAD MATH, RAMPUR, TQ. SINDGI, DIST. VIJAYAPURA-586202. 3. BASAMMA W/O CHANDRASHEKHARAYYA HIREMATH, AGE:61 YEARS, OCC:HOUSEHOLD WORK, R/O. NEAR JAKANESHWARI TEMPLE, YEVOR, TQ.SHORAPUR, DIST. YADGIR-585309. 4. JAYASHRI W/O LATE SHARANAYYA SWAMY HIREMATH, AGE:34 YEARS, OCC: HOUSEHOLD WORK, R/O. MUDNOOR (K), HIREMUDNOOR, TQ. SHORAPUR, DIST. YADGIR-585216. …PETITIONERS (BY SRI. SANJAY A. PATIL, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH, KALABURAGI CITY WOMEN POLICE STATION, KALABURAGI NORTH SUB-DIVISION CIRCLE, DIST. KALABURAGI -585102, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI. 2. SHWETA W/O MAHESH HIREMATH, AGE:31 YEARS, OCC: HOUSEWIFE, R/O. PRASHANT NAGAR (B), KALABURAGI CITY, KALABURAGI-585102. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. NARENDRA BETTAD, ADVOCATE APPEARED FOR SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO, A) QUASH THE FIR NO.1077/2025 DATED 26-04-2025 AND FURTHER PROCEEDINGS REGISTERED IN CRIME NO.49/2025 PENDING INVESTIGATION BY THE KALABURAGI CITY WOMEN POLICE STATION, KALABURAGI, DISTRICT KALABURAGI AGAINST THE PETITIONERS/ACCUSED NO.2 AND 5 HEREIN FOR THE OFFENCES PUNISHABLE U/SEC. 85, 115, 351, 352, 49 R/W 3(5) BNS - 2023 AND SEC. 3 AND 4 OF DP ACT, AS PER FIR (PENDING ON THE FILE OF I ADDL. CIVIL JUDGE (JR.DN) AND JMFC, KALABURAGI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Heard Sri. Sanjay A. Patil, learned counsel appearing for the petitioner, Sri. Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri. Narendra Bettad, learned counsel appearing for Sri. Chaitanyakumar C.M., learned counsel appearing for respondent No.2. 2. This petition is filed under Section 528 of BNSS, with the following prayer: “Quash the FIR No.1077/2025 dated 26.04.2025 and further proceedings registered in Crime No.49/2025 pending investigation by the Kalaburagi city Women Police Station, Kalaburagi, District Kalaburagi, against the petitioners/accused Nos.2 to 5 herein for the offences punishable Under Sections 85, 115, 351, 352, 49 read with Section 3(5) BNS, 2023 and Sections 3 and 4 of D.P.Act, as per FIR, (pending on the file of the I Additional Civil Judge (Jr. Dn.) and JMFC Court, Kalaburagi, in the interest of justice.” 3. The facts in brief which are utmost necessary for disposal of the present petition are as under: - 4 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 3.1. The respondent No.2 lodged a complaint with Women Police Station, Kalaburagi on 26.04.2025, which was registered in Crime No.49/2025 for the offences punishable under Sections 85, 115, 351, 352, 49 of BNS and Sections 3 and 4 of Dowry Prohibition Act, 1961. 3.2. Gist of the complaint averments would reveal that, the complainant got married with one Mahesh Hiremath on 30.04.2021 in Shree Samartha Sadguru Aarooda Sanganabasaveshwar Math. At the time of marriage, Rs.11,00,000/- cash, 21 tola gold and 40 tola silver articles were given as dowry. 3.3. After the marriage, for about one week the complainant and her husband stayed in the said Math and thereafter, they returned to Kalaburagi to the parental house of the complainant. Since it was the COVID-19 pandemic period, both of them stayed in the parental house of the complainant and since her husband is working as Pharmacist in BBMP, Bengaluru, they went back to Bengaluru and started residing in a rented house in a Sheshadripura. - 5 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 3.4. For about two months, they led a happy married life and later on it is alleged that, husband of the complainant developed a illegal intimacy with a staff nurse resulting in bickering in the matrimonial tie. The incident was reported to the elders and there was a panchayat conveyed, but there was no proper response and the petitioners herein and others started harassing the complainant in the guise of demand of dowry. 3.5. Portion of the demands were met and complainant and her husband lived happily for a brief period and in that period, the complainant delivered a female baby on 06.05.2022. Noticing the birth of the female child, there was further demand of dowry and harassment. In the year 2023, again the complainant joined her husband at Bengaluru, but harassment continued and therefore, she left the matrimonial home on 29.06.2023 and came back to the parental house. 3.6. Despite sufficient phone calls there was no proper response and on 15.12.2024, her husband in the guise of - 6 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 visiting the child, came to the house at Kalaburagi and picked up the quarrel and again demanded dowry. Based on the complaint, police registered the case and are investigating the matter. 4. In the meantime, the petitioners have approached this Court with the aforesaid prayer contending that, in respect of the alleged incidents, petitioners had no role whatsoever to play inasmuch as petitioner Nos.1 to 3 and 4 are residing in Yadgiri and the petitioner No.2 is residing in Vijayapura, and as such, allegations leveled against them is per se incorrect and sought for allowing the petition. 5. Per contra, learned counsel for the respondent and No.2 and learned High Court Government Pleader supports the initiation of the case and as rule, FIR cannot be quashed and appropriate report would be filed by the police if there is no material found against the petitioners. 6. Having heard the arguments of both sides, this Court perused the material on record, meticulously. - 7 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 7. On such perusal of the material on record, the fact of petitioners living in Yadgiri and Vijayapura is prima- facie established by filing the copy of the Adhar Card. 8. Admittedly, till the female child is delivered by the complainant and thereafter coming back to the parental house and even on 15.02.2024, when the alleged incident taken place in the house of the parental house, petitioners were not present, nor they had played any role in the alleged demand of additional dowry. 9. Therefore, the very fact of continuation of the investigation as against the petitioners are concerned is nothing but abuse of process of law. Under such circumstances, following the dictum of the Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, reported in (2022) 6 SCC 599, the pending FIR and investigation thereof, needs to be quashed as against the petitioners. 10. Hence, the following order: - 8 - HC-KAR NC: 2025:KHC-K:3627 CRL.P No. 201016 of 2025 ORDER (i) Petition is allowed ; (ii) Pending FIR in Crime No.1077/2025 registered by Kalaburagi City Women Police Station, insofar as the present petitioners (Accused Nos.2, 3, 4 and 5) stands quashed; (iii) However, quashing of the pending criminal proceeding in respect of the present petitioners shall not come in the way of investigation agency, in investigating the matter against the accused No.1/husband of the complainant and file appropriate report, in accordance with law. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 53 CT:PK