- 1 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5420 OF 2024 (GM-RES) C/W CRIMINAL PETITION NO.1386 OF 2024 (482 (Cr.PC) / 528(BNSS) IN WP No. 5420/2024 BETWEEN: MR. MAHENDRA.T. S/O THIMMAPPA, AGED 44 YEARS, R/AT NO.172/2, VIVEKANANDA NAGAR, KATHARGUPPE MAIN ROAD, BANASHANKARI 3RD STAGE, BANGALORE – 560 085. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALGUNTE POLICE STATION, BANGALORE CITY. (REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, OFFICE OF ADVOCATE GENERAL, HIGH COURT OF KARNATAKA BANGALORE). 2. SMT. SHWETHA W/O MOHAN KUMAR, AGED ABOUT 25 YEARS, R/AT NO.37/B, 5TH CROSS, SIDDESHWARA LAYOUT, SIDDENAHALLI, BANGALORE CITY – 560 073. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1; SRI. DAYANAND HIREMATH, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W UNDER SECTION 482 OF THE CPC, PRAYING TO QUASH THE FIR AT ANNEXURE-A AND ITS FURTHER PROCEEDINGS IN CRIME NO.436/2023 ON 10/12/2023 OF BAGALGUNTE POLICE STATION, BANGALORE CITY, FOR OFFENCES UNDER SECTIONS 506, 34, 504, 376, 420, 313 OF INDIAN PENAL CODE, WHICH IS PENDING ON THE FILE OF HON’BLE 31ST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AS PER ANNEXURE-B, AS AN ABUSE OF PROCESS OF LAW IN SO FAR PETITIONER CONCERNED AND ETC. IN CRL.P.NO.1386/2024: BETWEEN: SMT SUSHMA W/O MAHENDRA, AGED ABOUT 39 YEARS, R/AT NO.172/2 VIVEKANANDANAGAR, NEAR KRISHNASAGAR HOTEL, KATHRIGUPPE MAIN ROAD, BENGALURU – 560 085. ...PETITIONER (BY SRI. R V SHIVANANDA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION, BENGALURU CITY, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR B.R AMBEDKAR VEEDHI, BENGALURU – 560 002. 2. SMT SWETHA B W/O MOHAN KUMAR, AGED ABOUT 25 YEARS, R/AT NO.37/B, 5TH CROSS, SIDDESHWARA LAYOUT, SIDEDAHALLI, BENGALURU – 560 073. ...RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R-1; SRI. DAYANAND HIREMATH, ADVOCATE FOR R-2) - 3 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CR.NO.436/2023 (BAGALAGUNTE POLICE) ON THE FILE OF THE 31st ACMM, BENGALURU FOR THE OFFENCE P/US/.504, 506, 376, 420, 313 R/W SEC.34 OF IPC & ETC., THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Both these petitions arise out of the impugned proceedings in Crime No.436/2023 on the file of the 31st ACMM, Bangalore, pursuant to the Complaint dated 10.12.2023 lodged by 2nd respondent – de facto complainant in both the petitions against the petitioners for offences punishable under Sections 506, 34, 504, 376, 420 and 313 IPC. The petitioner – accused No.1 has preferred W.P.No.5420/2024, while his wife Smt. Sushma – accused No.2 has preferred Crl.P.No.1386/2024 seeking quashing of the impugned proceedings initiated against them. 2. Since common questions of law and fact arise for consideration in both the petitions, they are taken up together for consideration. - 4 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 3. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 4. A perusal of the material on record will indicate that Smt. Shwetha, the 2nd respondent – de facto complainant was earlier married to one Mohan Kumar from whom, she separated in the year 2019, subsequent to which, she became acquainted with petitioner – accused No.1 in the year 2020. On 12.11.2022, Smt.Sushma – accused No.2, who is none other than the wife of the aforesaid Mahendra – accused No.1 lodged a complaint against 2nd respondent which was registered as an FIR in Crime No.326/2022, pursuant to which, the 2nd respondent was arrested on 20.11.2022 and later on, enlarged on bail on 24.11.2022, subsequent to which, a charge sheet was filed on 10.01.2023 in C.C.No.18093/2023 against 2nd respondent herein for offences punishable under Section 420 IPC, which is pending before the learned Magistrate. After a lapse of one year, the 2nd respondent filed the impugned complaint which is assailed in the present petition. - 5 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 5. A perusal of the material on record, in particular, the impugned complaint and FIR clearly indicate that the necessary ingredients constituting the alleged offences have not been made out nor disclosed in the same; in addition thereto, the petitioner in Crl.P.No.1386/2024, who is none other than the wife of petitioner in W.P.No.5420/2024 had already instituted criminal proceedings on 12.11.2022, almost one year prior to the 2nd respondent – complainant lodging the impugned complaint, which is clearly a counter blast to the proceedings already instituted by the petitioner against her. Under these circumstances, I am of the view that the continuation of the impugned proceedings would amount to abuse of process of law warranting interference by this Court in the present petition. 6. In the result, I pass the following:- ORDER (i) Both W.P.No.5420/2024 and Crl.P.No.1386/2024 are hereby allowed. - 6 - NC: 2025:KHC:8001 WP No. 5420 of 2024 C/W CRL.P No. 1386 of 2024 (ii) The impugned proceedings in Crime No.436/2023 on the file of the 31st ACMM, Bangalore, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 3 Sl No.: 15