- 1 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2271 OF 2022 BETWEEN: 1. MOHAN KUMAR B.G. S/O GURUMURTHY, AGED 70 YEARS NO.794/9, "SRI KALLESHWARA KRUPA NILAYA", 4TH B CROSS, 2ND STAGE, DAVANAGERE-577005. 2. SHANTHA B.M. W/O MOHAN KUMAR B.G., AGED 65 YEARS, NO.794/9, SRI KALLESHWARA KRUPA NILAYA 4TH B CROSS, 2ND STAGE, DAVANAGERE-577005. 3. RAGHAVENDRA B.M. S/O MOHAN KUMAR B.G. AGED 41 YEARS NO.794/9, SRI. KALLESHWARA KRUPA NILAYA, 4TH B CROSS, SHIVAK, DAVANAGERE-577005 PRESENT ADDRESS: S 97, 3RD CROSS, KIRLOSKAR COLONY, 3RD STAGE, BASAVESHWARA NAGAR, BENGALURU-560079. …PETITIONERS (BY MISS. MEDHA HEGDE, ADVOCATE) AND: 1. STATE BY SORABA POLICE STATION SORABA CIRCLE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 SH 48, SORABA, KARNATAKA SHIVAMOGGA DIST-577429. PETED BY: THE SPP HIGH COURT BUILDING BENGALURU-01. 2. JYOTHI P C/O PARAMESHAPPA B SUBHASHNAGAR, KANAKERI, SORABA TOWN, SHIVAMOGGA DIST-577429. …RESPONDENTS (BY SMT. SOWMYA R., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. D.C.PARAMESWARAIAH, ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE / QUASH THE ORDER DATED 01.06.2021 PRODUCED AT ANNEXURE-A PASSED BY THE HONORABLE CIVIL JUDGE (JUNIOR DIVISION) AND C.J.M., COURT, SORABA, SHIMOGA DISTRICT, TAKING COGNIZANCE OF THE OFFENCES AGAINST THE PETITIONERS IN C.C.NO.365 OF 2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 504, 506 READ WITH SECTION 34 OF INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "1. Set aside / quash the Order dated 01.06.2021 produced at ANNEXURE-A passed by the Honorable Civil Judge (Junior division) and CJM Court, Soraba Shimoga District, taking cognizance of the offenses against the Petitioners in C.C.No.365 of 2021 for the offences punishable under Section 498-A, 504, 506 read with section 34 of Indian penal code and Section 3 and 4 of the Dowry Prohibition Act. 2. Call for entire records in C.C. No.365 of 2021 pending before the Honorable Civil Judge (Junior division) and CJM Court, Soraba, Shimoga District. 3. Quash the Charge sheet in C.C.No.365 of 2021 at ANNEXURE-B, pending before the Honorable Civil Judge (Junior division) and CJM Court, Soraba, Shimoga District. 4. Pass such other orders or directions, this honorable court may deem fit in the circumstances of this case." 2. Heard learned counsel for petitioners and learned HCGP for respondent No.1 and learned counsel for respondent No.2. - 4 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 3. A perusal of the material on record will indicate that respondent No.2 – defacto complainant is the wife of one Prashantha B.M whose parents are petitioner Nos.1 and 2 - accused Nos.2 and 3 and his brother is petitioner No.3 - accused No.4 in the impugned proceedings in C.C. No.365/2021 pending before the Trial Court against the petitioners – accused Nos.2 to 4 and Prashantha B.M – accused No.1 for the offences punishable under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. In this context, a perusal of the complaint, FIR, charge sheet material, statements of witnesses, documents etc. is sufficient to come to the conclusion that commission of the offences by the petitioners / accused Nos.2 to 4 are conspicuously absent and not forthcoming from the said material on record, coupled with the fact that the same contains vague, bald, omnibus and general allegations which cannot be said to constitute offences punishable qua the petitioners – accused Nos.2 to 4 and consequently, continuation of the impugned proceedings qua the petitioners who have been unnecessarily dragged into the impugned proceedings - 5 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 as family members is impermissible in law in the light of the judgment of the Hon’ble Apex Court in the case/s of Kahkashan Kausar alias Sonam And Others v. State of Bihar and Others [(2022) 6 SCC 599]; Abhishek v. State of Madhya Pradesh [AIR 2023 SC 4209]; Kailashben Mahendrabhai Patel and Others v. State of Maharashtra and Another [2024 SCC OnLine SC 2621] and Digambar and Another v. State of Maharashtra and Another [2024 SCC OnLine SC 3836], Under these circumstances, the impugned proceedings qua the petitioners deserve to be quashed. 5. In the result, I pass the following: ORDER (i) The Petition is hereby allowed. (ii) The impugned proceedings in C.C. No.365/2021 arising out of Crime No.146/2020 registered by the respondent No.1 – Police, for the offences punishable under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and pending on the - 6 - HC-KAR NC: 2025:KHC:22306 CRL.P No. 2271 of 2022 file of the Prl. Civil Judge and JMFC., Soraba, insofar as the petitioners / accused Nos.2 to 4 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 2 Sl No.: 0