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High Court of Karnataka · body

2025 DAILYLAW 19226 (KAR)

G VENKATESULU v. STATE OF KARNATAKA BY

CRL.P/2546/2023 · 2025-01-28

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3758 CRL.P No. 2546 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2546 OF 2023 BETWEEN: 1. G.VENKATESULU S/O G.GANGAPPA AGED ABOUT 71 YEARS, 2. G.THIPPAMMA S/O G.VENKATESULU AGED ABOUT 52 YEARS, BOTH ARE R/A: NO.3-1-109, B C COLONY, MADDALACHERUVU, KANAGANAPALLI MANDALAM, ANANTHAPURAM, ANDHRA PRADESH-515 621. 3. TRIVENI V, W/O RAGHAVENDRA N, AGED ABOUT 33 YEARS, R/A NO.178, 3RD MAIN, 3RD CROSS, 2ND PHASE, WOC ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BANGALORE-560 010. 4. G.LAKSHMINARAYANA, S/O G.THIMMARAYUDU, AGED ABOUT 49 YEARS, R/A NO.5/963, GEETHANAGAR, SOMANDEPALLE, ANANTHAPURAM, ANDHRA PRADESH-515 122 …PETITIONERS (BY SRI. MANJUNATH B R.,ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3758 CRL.P No. 2546 of 2023 AND: 1. STATE OF KARNATAKA BY PAVAGADA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. P.S. VANISHREE W/O G.SRINIVASULU AGED ABOUT 32 YEARS, R/O SANTHE MAINDANA, SIRA ROAD, PAVAGADA-561 202. …RESPONDENTS (BY SRI.THEJESH P.,HCGP FOR R1, SRI. ANANDEESHWARA D.R.,ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH FIR AGAINST THE PETITIONERS IN CR.NO.11/2023 OF PAVAGADA POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLEU/S 498(A),323, 448, 504 R/W 34 OF IPC AND U/S 3 AND 4 OF DP ACT PENDING ON THE FILE OF PRL. CIVIL JUDGE(JR.DN) AND JMFC COURT, PAVAGADA, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief: "Quash FIR against the petitioners in Cr.No.11/2023 of Pavagada Police Station registered for the offences punishable U/s 498(A), 323, 448, 504 r/w 34 IPC and U/s 3 & 4 of DP Act pending on the file of Prl.Civil Judge (Jr.Dn.) & JMFC at Pavagada, in the interest of justice." - 3 - NC: 2025:KHC:3758 CRL.P No. 2546 of 2023 2. A perusal of the material on record will indicate that respondent No.2 is the wife of one G.Srinivasulu, who is the son of petitioner No.1/accused No.2 and petitioner No.2/accused No.3. While petitioner Nos.3 and 4 are the sister and brother of the said G.Srinivasulu. 3. In the first instance, respondent No.2 instituted proceedings in Crl.Misc.No.56/2022 against the petitioners as well as her husband under the provisions of Section 12 of Protection of Women from Domestic Violence Act, 2005. Subsequently, respondent No.2 has also instituted divorce proceedings in M.C.No.1/2023 only as against her husband. Despite pendency of the earlier proceedings under DV Act as well as for dissolution of marriage under the Hindu Marriage Act, respondent No.2 has filed the present complaint making omnibus, vague and bald allegations against the petitioners also without giving any specific instances of the alleged offences. 4. Under the identical circumstances, in recent decisions of the Apex Court in (i) Jaydeepsinh Pravinsinh Chavda vs The State Of Gujarat in 2024 SCC Online SC 3679; (ii) Kahkashan Kausar alias Sonam and Ors. Vs. State of Bihar and Ors in - 4 - NC: 2025:KHC:3758 CRL.P No. 2546 of 2023 (2022) 6 SCC 599; (iii) Digambar and Another Vs. The State of Maharashtra and Another – (2024) SCC OnLine SC 3836, in relation to arraigning the in-laws and other family members of the husband, has quashed the proceedings. 5. In the instant case, apart from the fact that respondent No.2 had already instituted proceedings against the petitioners under Section 12 of the DV Act as well as in matrimonial proceedings for divorce against the husband in M.C.No.1/2023, which is pending consideration, I am of the considered opinion that by making omnibus, vague and bald allegations are clearly an after thought and continuation of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition. 6. Accordingly, I pass following: O R D E R (i) Criminal petition is allowed. (ii) The impugned proceedings in Crime No.11/2023 on the file of Prl.Civil Judge (Jr.Dn.) & JMFC, Pavagada, for the offences under Sec.498(A), 323, 448, 504 r/w 34 of IPC stand quashed qua insofar as the petitioners are concerned; - 5 - NC: 2025:KHC:3758 CRL.P No. 2546 of 2023 (iii) It is made clear that this order, findings, observations made herein are restricted only for the purpose of the present petition and will not impact or they bare on either DP Act case or matrimonial case or any other case between the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE RR List No.: 2 Sl No.: 5