- 1 - NC: 2025:KHC:5703 CRL.P No. 513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 513 OF 2025 BETWEEN: SRI ABDUL SALAM, S/O LATE HAYAT KHAN, AGED ABOUT 59 YEARS, R/AT WARD NO.09, JAMEEYA MASEEDI, NEAR BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT. AND ALSO BEHIND KEB OFFICE 22ND WARD, BAGEPALLI TOWN AND TALUK, CHIKKABALLAPURA -561 207. …PETITIONER (BY SRI. PRAKASHA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, STATION HOUSE OFICER, BY WOMEN POLICE STATION, CHIKKABALLAPURA - 561 207. REPRESENTED BY HIS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. AMREEN TAJ W/O SRI. RIYAZ AHMED, AGED ABOUT 32 YEARS RESIDINT AT NO. 26/42, GANGANMIDDE ROAD, 7TH WARD, CHIKKABALLAPURA -562 104. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1, R-2 IS SERVED AND UNREPRESENTED) Digitally signed by VEDAVATHI A K Location: High court of Karnataka - 2 - NC: 2025:KHC:5703 CRL.P No. 513 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.05/2022 (IS ARISING OUT OF CRIME NO.125/2021) OF WOMEN POLICE STATION, CHIKKABALLAPURA, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498A, 506 READ WITH SECTION 34 OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT PENDING ON THE FILE OF HONBLE PRL., SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER This petition is filed by the petitioner-accused No.11 under Section 482 Cr.P.C. (Section 528 of BNSS), for quashing the criminal proceedings in C.C.No.5/2022, pending on the file of Prl.Civil Judge and CJM, Chikkaballaur, arising out of Crime No.125/2021, registered by Women Police Station, Chikkaballapura and charge sheeted for the offences punishable under Sections 498A, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard the arguments of learned counsel for the petitioner and Sri Vinay Mahadevaiah, learned High Court Government Pleader for respondent No.1-State. Respondent No.2 is served, but unrepresented. - 3 - NC: 2025:KHC:5703 CRL.P No. 513 of 2025 3. The case of the prosecution is that on the complaint of respondent No.2, the police registered the FIR and also filed the charge sheet for the aforesaid offences. It is alleged that complainant married to accused No.1 on 29.06.2020. At the time of marriage, Rs.2 lakhs was given as dowry by way of cash, golden ring, chain, watch etc., apart from household articles. After the marriage, the accused persons also demanded additional dowry and threatened her physically and mentally. Hence, she filed a complaint. The police after investigation filed the charge sheet, which is under challenge. 4. The learned counsel for the petitioner submits that this petitioner-accused No.11 is the relative of accused Nos.1 and 2. This Court has already quashed the criminal proceedings as against accused Nos.3 to 10. As the petitioner is far relative of accused No.1, he has never stayed in the house of accused No.1 and quarreled with - 4 - NC: 2025:KHC:5703 CRL.P No. 513 of 2025 the complainant. Hence, prayed for quashing the criminal proceedings against the petitioner. 5. Per contra, learned High Court Government Pleader appearing for respondent No.1-State objected the petition. 6. Having heard the arguments and perusing the materials placed on record, this Court has already quashed the criminal proceedings as against accused Nos.3 to 10, who are brothers and sisters and are residing separately from accused Nos.1 and 2. This petitioner is said to be the relative of accused Nos.1 and 2 and he is also stated to be staying in Bagepalli, which is far away from the house of accused Nos.1 and 2. The allegation made against this petitioner is an omni bus statement, but there are specific allegations made against accused Nos.1 and 2. By relying upon the judgment of Hon'ble Apex Court in the case of Kahkashan Kausar @ Sonam and others -vs- State of Bihar and others, reported in 2022 LiveLaw (SC) 141, this Court quashed the proceedings as against accused - 5 - NC: 2025:KHC:5703 CRL.P No. 513 of 2025 Nos.3 to 10. This petitioner is a far relative and was not residing in the house of accused Nos.1 and 2 and there are no specific allegations made against him. If criminal proceedings are continued against him, it will be abuse of process of law, hence, proceedings are liable to be quashed. Accordingly, the Petition is allowed. The criminal proceedings against the petitioner- accused No.11 in C.C.No.5/2022, pending on the file of Prl.Civil Judge and CJM, Chikkaballaur, arising out of Crime No.125/2021, registered by Women Police Station, Chikkaballapura, is hereby quashed. Sd/- (K.NATARAJAN) JUDGE bk List No.: 2 Sl No.: 5