- 1 - NC: 2025:KHC:12451 CRL.P No. 2527 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.2527 OF 2024 BETWEEN: DR.CHANDRASHEKAR B S/O LATE BENNEHALLI AJJAPPA AGED ABOUT 70 YEARS PROFESSION: PRACTICING DOCTOR NO.1703/2, GLASS HOUSE MAIN ROAD, 1ST CROSS S N LAYOUT, 'A' BLOCK DAVANGERE-577002 …PETITIONER (BY SRI.S G RAJENDRA REDDY, ADVOCATE) AND: SMT.ANITHA N W/O LATE ARUNA CHANDRA B AGED ABOUT 25 YEARS R/AT 2000, A/41, 16TH 'B' CROSS THARALABALU BADAVANE VIDYANAGARA DAVANAGERE-577005 …RESPONDENT (BY SRI.CHIDAMBARA G.S, ADVOCATE) 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 ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2389/2023 REGISTERED FOR THE OFFENCE P/U/SEC.498-A, 506, 504 R/W SEC.34 OF IPC AND SEC.3, 4 OF DP ACT PENDING ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT DAVANAGERE AND ETC. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12451 CRL.P No. 2527 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused challenges the cognizance taken of the offences punishable under Sections 498A, 506, and 504 read with Section 34 of the Indian Penal Code (IPC) and under Sections 3 and 4 of the Dowry Prohibition Act in this petition. 2. The 2nd respondent filed a private complaint under Section 200 of the Code of Criminal Procedure (Cr.P.C.), stating that her marriage to the son of the petitioner was solemnized on 24.05.2020. At the time of the marriage, the petitioner allegedly received dowry in the form of gold ornaments and cash. Later, when the complainant was leading a cordial marital life, the accused Nos. 1, 2, and 3 demanded additional dowry from her. 3. The husband of the de facto complainant died on 01.06.2022. After his death, the petitioner-accused and the other accused allegedly subjected the de facto complainant to both mental and physical cruelty and also demanded that she bring money from her parental home. After recording the de facto complainant’s sworn statement, the Trial Court took cognizance of the aforesaid - 3 - NC: 2025:KHC:12451 CRL.P No. 2527 of 2024 offences insofar as they related to the petitioner-accused and dismissed the complaint against the other accused. 4. I have heard the learned counsel for the petitioner and the learned counsel for the respondent. 5. The marriage of the de facto complainant to the son of the petitioner was solemnized on 24.05.2020, and her husband died on 01.06.2022. During the examination under Section 200 Cr.P.C., the complainant categorically stated that, soon after the marriage, she resided with her husband in a rented house. She further stated that neither she nor her husband ever resided with the petitioner- accused, nor did the petitioner-accused visit the matrimonial home frequently in a manner that could be construed as harassment, either mentally or physically. 6. Additionally, the minor daughter represented by the complainant has filed a suit for partition and separate possession of the joint family property against the petitioner, which is currently pending. The complainant has also filed a petition under Section 12 of the Domestic Violence Act and subsequently filed a private complaint alleging cruelty and demanding additional dowry from the accused. 7. There is no averment in the plaint that the petitioner-accused subjected the de facto complainant to - 4 - NC: 2025:KHC:12451 CRL.P No. 2527 of 2024 mental or physical cruelty or demanded that she bring money from her parental home. The dispute between the parties relates solely to the partition of the alleged joint family properties, and the private complaint appears to have been filed only as an afterthought to pressure the petitioner-accused into a settlement. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. 9. The impugned proceedings in C.C.No.2389/2023 on the file of I Additional Senior Civil Judge and JMFC Court, Davanagere, insofar it relates to the petitioner-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR/NBM List No.: 1 Sl No.: 5