- 1 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.710 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ARIJIT ROY S/O PRABODH CHANDRA ROY, AGED ABOUT 44 YEARS, RESIDING AT NO. 306, SLV BELMONT, BASAVANAPURA ROAD, K.R. PURAM, BENGALURU-560049. ALSO AT: RESIDING AT NO.3/B, SURYASEN NAGAR, KASTADANGA ROAD, SARSUNA, KOLKATA-700061. 2. CHHAYA ROY W/O PRABODH ROY, AGED ABOUT 69 YEARS, 3. PRABODH CHANDRA ROY S/O LATE KESAB CH ROY AGED ABOUT 75 YEARS, 4. RAJDEEP ROY S/O PRABODH CHANDRA ROY AGED ABOUT 38 YEARS, THE ABOVE PETITIONER NO.2 TO 4 ARE RESIDING AT NO. 3/B, SURYASEN NAGAR, KASTADANGA ROAD, SARSUNA, PARGANAS, WEST BENGAL-700061. …PETITIONERS (BY SMT. AKSHATHA PRASAD M.D., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 AND: 1. STATE OF KARNATAKA THROUGH EAST ZONE WOMEN PS, PULAKESHINAGAR SUB-DIVISION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. MANDIRA DEBNATH D/O MAKHANALA DEBNATH, AGED ABOUT 38 YEARS, RESIDING AT NO.306, SLV BELMONT, BASAVANAPURA ROAD, AYAPPANAGARA, BUTTARAHALLI, K.R. PURAM, BENGALURU-560049. ALSO AT: RESIDING AT NO.76, MAHARSHI BUILDING, NAGONDANAHALLI MAIN ROAD, CHANNASANDRA, WHITEFIELD, BENGALURU-560067. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R-1; SRI HARISH KUMAR M.C., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE COMPLAINT DATED 09.07.2019 FILED IN WOMEN’S P.S., SHIVAJINAGAR EAST, BENGALURU VIDE ANNEXURE-A AND THE CONSEQUENT F.I.R. DATED 09.07.2019 VIDE ANNEXURE-B IN CR.NO.0061/2019, BEFORE IVTH ADDL. CMM COURT NRUPATHUNGA ROAD, BENGALURU CITY, REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S 498A, 506 AND 504 OF IPC, 1860 AND UNDER SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 ORAL ORDER In this petition, petitioners seek the following reliefs - a. Quash the complaint dated 09.07.2019 filed in Womens P.S. Shivajinagara East Block vide Annexure ‘A’ and the consequent FIR dated 09.07.2019 vide Annexure ‘B’ in Crime No.0061/2019 before IVth Addl. CMM Court, Nrupathunga Road, Bangalore City, registered by the 1st respondent police for the offences punishable under Section 498A, 506 and 504 of the Indian Penal Code, 1860 and under Section 3 and 4 of the Dowry Prohibition Act, 1961. b. Quash the charge sheet dated 23.03.2020, vide Annexure ‘C’, in Crime No.0061/2019, pending on the file of 6th Addl. CMM Court, Nrupathunga Road, Bangalore City. c. Quash the proceedings in CC No.13069/2020, pending on the file of 6th Addl. CMM Court, Nrupathunga Road, Bangalore City and d. Grant such other appropriate order/direction, as this Hon’ble Court may deem fit, in the circumstances of the case and in the interest of justice. - 4 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 2. Heard the learned counsel for the petitioners and learned counsel for respondent No.2 – defacto complainant and perused the material on record. 3. A perusal of the material on record will indicate that the second respondent – defacto complainant is the wife of petitioner No.1 – accused No.1, Prabodh Roy, while petitioner Nos.2 and 3 are his parents and petitioner No.4 is his brother. The respondent No.2 – defacto complainant filed the impugned complaint dated 09.07.2019 against the petitioner No.1 – accused No.1, registered as Crime No.61/2019 against all the petitioners – accused Nos.1 to 4 for the alleged offences punishable under Sections 498A, 506 and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. In pursuance thereof, the respondent No.1, police authorities have filed charge sheet which is currently pending in C.C. No.13069/2020. Meanwhile, matrimonial proceedings in M.C. No.361/2020 filed by respondent No.2 against petitioner No.1 came to be allowed vide judgment and decree dated 23.08.2022. A perusal of the material on record, in particular the complaint, FIR, charge sheet material, statement of witnesses and documents, - 5 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 etc., will indicate that except vague, bald and omnibus and general allegations, there are no specific allegations made against the petitioners No.2 to 4 so as to incriminate them for the offences alleged against them. Under these circumstances, I am of the view that the impugned proceedings qua petitioners No.2 to 4 – Accused Nos.2 to 4 deserves to be quashed. 4. In so far as petitioner No.1 – accused No.1 is concerned, learned counsel for the petitioners submits that the petition may be disposed of reserving liberty in favour of petitioner No.1 to seek discharge – file discharge application, which may be directed to be considered by the trial Court in accordance with law. 5. The submission is placed on record. In the result, I pass the following - ORDER 1. The petition is hereby partly allowed. 2. The impugned proceedings in CC No.13069/2020 qua petitioners No.2 to 4 – accused Nos.2 to 4 are hereby quashed. - 6 - HC-KAR NC: 2025:KHC:23594 CRL.P No. 710 of 2024 3. The petitioner in so far as petitioner No.1 – accused No.1 is concerned, is disposed of reserving liberty in favour of the petitioner No.1 to seek discharge – file discharge application before the trial Court, which shall consider the same and pass appropriate orders in accordance with law. 4. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 2 Sl No.: 1