- 1 - NC: 2025:KHC:4403 WP No. 3345 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3345 OF 2024 (GM-RES) BETWEEN: 1. MR. DEVARAJU AGED 40 YEARS, S/O LATE KARIYAYA, R/A INDAVARA VILLAGE AND POST CHIKKAMAGALURU DISTRICT - 577 101. WORKING AS DRIVER CUM CONDUCTOR IN BMTC, TOKEN NO. DC10849 28TH DEPOT, BMTC OFFICERS, BANGALORE. 2. SMT. ROOPA AGED 38 YEARS, W/O NARAYAN R/A INDAVARA VILLAGE AND POST CHIKKAMAGALURU DISTRICT - 577 101. 3. SRI. KUMARA AGED 43 YEARS, S/O LATE KARIYAYA R/A INDAVARA VILLAGE AND POST CHIKKAMAGALURU DISTRICT - 577 101. 4. SRI. MOHAN KUMARA, AGED 48 YEARS, S/O LATE KARIYAYA R/A INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT - 577 101. 5. SRI UDAYKUMAR AGED 50 YEARS, S/O LATE KARIYAYA, R/A INDAVARA VILLAGE AND POST CHIKKAMAGALURU DISTRICT - 577 101. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4403 WP No. 3345 of 2024 6. SMT. PUTTAMMA, AGED 70 YEARS, W/O LATE KARIYAYA, R/A INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT - 577 101. …PETITIONERS (BY SRI. P.P. HEGDE, SR. COUNSEL FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HASSAN WOMEN POLICE STATION, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. RADHA W/O DEVARAJU AGED 32 YEARS, R/AT GAVENAHALLI VILLAGE, KASABA HOBLI, HASSAN DISTRICT - 573 212. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO QUASH THE CRIMINAL CASE AGAINST THE PETITIONERS HEREIN IN CC NO. 925/2020 ON THE FILE OF IV ADDL CIVIL JUDGE AND JMFC, HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 323, 307, 506 AND 34 IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 ARISING OUT OF CRIME NO. 96/2018 OF HASSAN WOMENS POLICE STATION, VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:4403 WP No. 3345 of 2024 ORAL ORDER In this petition, petitioners are seeking quashing of the impugned proceedings in C.C.No.925/2020 on the file of the IV Additional Civil Judge and JMFC, Hassan. 2. Heard the learned Senior counsel for the petitioners and perused the material on record. 3. Respondent No.2-de-facto complainant having been served with the notice of the petition has chosen to remain unrepresented and has not contesting the petition. 4. Perusal of the material on record would indicate that petitioner No.1 is the husband of respondent No.2-wife, petitioner Nos.2 to 6 are the remaining family members. On 09.11.2018, petitioner No.1 filed a complaint against respondent No.2 who gets summoned to respondent No.1- Police Station and makes a statement that she would go back to her husband, pursuant to which, an endorsement dated 26.11.2018 was issued on the ground that the parties are amicably settled the dispute between themselves. However, subsequently, respondent No.2 filed the instant complaint on 10.12.2018 falsely stating that petitioner No.1 and family - 4 - NC: 2025:KHC:4403 WP No. 3345 of 2024 members have committed alleged offences on 08.11.2018, prior to her coming before the Police Station and unequivocally and categorically stating that they had settled the dispute among themselves. A perusal of the vague, bald and omnibus allegations made in the complaint would clearly indicate that the same are not sufficient to constitute offence punishable under 498A, 504, 323, 307, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 especially when respondent No.2 herself had admitted before the Police that she had resolved the dispute amicably and gone back to petitioner No.1. It is also relevant to state that in the statement of witnesses recorded prior to filing of charge sheet, the self serving complaint of respondent No.2 has not been corroborated in a manner known to law. 5. It is also relevant to state that delay of one month on the part of respondent No.2 in filing the complaint particularly relating to the incident that had allegedly occurred from the year 2012 onwards would also falsify the contents of the complaint and undisputed fact that these allegations had not been made by respondent No.2 went to the Police Station on 26.11.2018. - 5 - NC: 2025:KHC:4403 WP No. 3345 of 2024 6. Under these circumstances, I am of the considered opinion that, continuation of the impugned proceedings as against the petitioners would amount to an abuse of process of law, warranting interference by this Court in the present petition and in the light of the recent judgment of the Hon'ble Apex Court in the case of "Digambar and Anr vs. State of Maharashtra" in 2024 INSC 1019 relating to offences concerned 498A IPC and Sections 3 and 4 of Dowry Prohibition Act. 7. Accordingly, I pass the following: ORDER i. Writ Petition is allowed. ii. Impugned proceedings in C.C.No.925/2020 on the file of IV Additional Civil Judge and JMFC, Hassan for the offence punishable under Sections 498A, 504, 323, 307, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, is hereby quashed qua the petitioners. Sd/- (S.R.KRISHNA KUMAR) JUDGE GPG List No.: 1 Sl No.: 26