- 1 - NC: 2025:KHC:11953 CRL.P No. 731 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.731 OF 2024 BETWEEN: AMIT BANERJEE MENTIONED IN FIR AND CHARGE SHEET AS 'AMITH BANERJEE' S/O GAUTHAM BANERJEE AGED ABOUT 31 YEARS RESIDING AT NO.103, SAI SAHAS APARTMENTS OPP RGA TECH PARK SARJAPUR ROAD BENGALURU - 560035 ADDRESS MENTIONED IN FIR AS NO.103, VISTA LAGOS KEMPAPURA ROAD YEMALUR, BENGALURU - 560 007 ADDRESS MENTIONED IN CHARGE SHEET AS NO.B- 002, SUN CITY GLORIA APARTMENTS, OPPOSITE DECATHLON SARJAPUR ROAD BENGALURU - 560035 …PETITIONER (BY SRI. KAPIL DIXIT, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH VARTHUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU - 560001 Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11953 CRL.P No. 731 of 2024 2. PAROMITA GANGULLY D/O P B GANGULY AGED ABOUT 29 YEARS RESIDING AT NO A-4010, SHARANYA SOHAM APARTMENTS SAI BABA TEMPLE KUNDALAHALLI GATE TUBARAHALLI, BENGALURU - 560 066 …RESPONDENTS (BY SRI.RAHUL RAI, HCGP FOR R.1; SMT.M.RADHIKA, ADVOCATE FOR R.2) THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11892/2023 FOR THE OFFENCE P/U/SEC.498-A, 323 OF IPC PENDING ON THE FILE OF THE HONBLE II ACJM BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who has been charge-sheeted for offences punishable under Sections 323 and 498-A of the IPC, has approached this Court seeking relief. 2. Respondent No.2 lodged a First Information Report (FIR) on 21.06.2023, stating that her marriage with the petitioner was solemnized in 2022. She alleged that on 13.06.2023, while returning to their matrimonial home after visiting her sister’s house, a quarrel ensued - 3 - NC: 2025:KHC:11953 CRL.P No. 731 of 2024 between them. When her two brothers attempted to pacify the situation, the petitioner became enraged and slapped her in their presence, causing her to sustain injuries. 3. It was further alleged that whenever they had a fight, the petitioner’s mother would take his side. The complainant also stated that they had physical intercourse only four to five times and frequently engaged in disputes. The learned counsel for the petitioner submitted that the alleged incident of assault occurred on 14.06.2023, whereas the Wound Certificate, which forms part of the charge sheet, indicates that the complainant’s injury was five days old at the time of examination. The incident allegedly took place on 14.06.2023, but the FIR was lodged only on 21.06.2023. Apart from the incident of assault, there are no other allegations satisfying the essential elements required to constitute an offence under Section 498-A of the IPC. 4. The learned counsel for the State argued that the Wound Certificate clearly establishes that the complainant sustained simple injuries due to the assault by the petitioner. He further contended that the allegations in the FIR, along with the charge sheet materials, disclose the commission of the alleged offences. He submitted that the veracity of these allegations should - 4 - NC: 2025:KHC:11953 CRL.P No. 731 of 2024 be examined at the time of trial and not at this stage, and he sought dismissal of the petition. 5. The arguments of the learned counsel for both parties have been duly considered. 6. A perusal of the FIR indicates that apart from the alleged incident on 14.06.2023, there is no specific overt act attributed to the petitioner detailing how and in what manner he subjected the complainant to cruelty, either mentally or physically. The other allegations against the petitioner are trivial. The Wound Certificate included in the charge sheet states that the complainant’s injury was five days old, and she was examined on 19.06.2023. Therefore, the claim that the complainant sustained injuries due to the petitioner’s assault lacks substance. The charge sheet materials do not disclose the commission of the offences alleged against the petitioner, and the continuation of criminal proceedings against him would amount to an abuse of the process of law. 7. In light of the foregoing, this Court proceeds to pass the following: ORDER (i) The Criminal Petition is allowed. - 5 - NC: 2025:KHC:11953 CRL.P No. 731 of 2024 (ii) The impugned proceedings in C.C.No.11892/2023 for the offence punishable under Sections 498A and 323 of IPC pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru is hereby quashed. (iii) Pending I.As do not survive for consideration and accordingly, they are dismissed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 106