- 1 - NC: 2025:KHC:103 CRL.P No. 3120 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3120 OF 2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI. JITHENDRA P., S/O.H.PRANESH RAO, AGED ABOUT 44 YEARS, RESIDING AT KOTE BEEDI, BISKURU POST, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. PIN-562120. NOW RESIDING AT: NUMBER 38/2, 14TH CROSS, 20TH MAIN, PADMANABHANAGAR, BANASHANKARI II STAGE, BENGALURU-560070. …PETITIONER (BY SRI. M.SHARASS CHANDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KANAKAPURA POLICE STATION, KANAKAPURA CIRCLE, RAMANAGARA. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:103 CRL.P No. 3120 of 2023 2. SMT. YASHODA, W/O. PRAVEEN, AGED ABOUT 33 YEARS, RESIDING AT. RAJAMMA COMPLEX, BHUDIKERE, KANAKPURA TOWN, RAMANAGARA-562117. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, R2 SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING AGAINST THE PETITIONER IN C.C.NO.1884/2022, FOR THE OFFENCES P/U/S 498A, 323, 504, 506, 114, 149 OF THE IPC, 1860, AT ANNEXURE-A, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, KANAKAPURA, RAMANAGARA DISTRICT AND ETC. 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 This petition by accused No.4 in C.C.No.1884/2022 on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Kanakapura, Ramanagara District (for short “the Trial Court”) is filed seeking the following reliefs: “(i) Quash the criminal proceedings pending against the petitioner in C.C.No.1884/2022 for the offences punishable under Sections 498A, 323, 504, 506, 114, 149 of the Indian Penal Code, 1860 at Annexure-A - 3 - NC: 2025:KHC:103 CRL.P No. 3120 of 2023 pending on the file of the Principal Civil Judge (Jr.Dn.) & JMFC Court, Kanakapura, Ramanagara District. ii) Quash the Charge Sheet at Annexure-B in C.C.No.1884/2022, for the offences punishable under Sections 498A, 323, 504, 506, 114, 149 of the IPC, 1860 at Annexure-A pending on the file of Principal Civil Judge (Jr. Dn.) & JMFC Court, Kanakapura, Ramanagara District.” 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the FIR in Crime No.133/2022 as well as the charge sheet and documents produced along with the charge sheet in order to point out that there is no material to establish commission of the offence under Section 498-A, 323, 504, 506, 114, 149 of IPC in so far as the petitioner is concerned. It is submitted that respondent No.2 is the wife of one Praveen and merely because the petitioner was an acquaintance of the said Praveen, who was the husband of the complainant, the petitioner has been falsely dragged into the said matrimonial - 4 - NC: 2025:KHC:103 CRL.P No. 3120 of 2023 dispute between respondent No.2 and her husband - accused No.2 and their family members and as such, the impugned proceedings qua the petitioner deserves to be quashed. 4. Respondent No.2 having been served with notice of this petition, has chosen to remain unrepresented and has not contested the present petition. 5. As rightly contended by the learned counsel for the petitioner, a perusal of the contents of the FIR, charge sheet and charge sheet material accompanying the charge sheet is sufficient to come to the conclusion that no prima facie offence is made out as against the petitioner, particularly when the allegations against the petitioner, who merely happens to be the friend of husband of respondent No.2 are vague and bald and no specific overt acts, deeds or things alleged against the petitioner. Under these circumstances, in the light of the judgment of the Apex Court in the case of Digambar and Another Vs. The State of Maharashtra and Another – (2024) SCC OnLine SC 3836, which deals with the provisions contained in Section 498-A IPC, I am of the considered opinion that continuation of the proceedings as against the - 5 - NC: 2025:KHC:103 CRL.P No. 3120 of 2023 petitioner would tantamount to abuse of process of the Court warranting interference in the present petition. 6. In the result, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned criminal proceedings in C.C.No.1884/2022 pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Kanakapura, Ramanagara District, are hereby quashed qua the petitioner – accused No.4 is concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 42