- 1 - HC-KAR NC: 2025:KHC:18818 CRL.P No. 4094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4094 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR.VINOD RAJ B.N. S/O. SRI. NAGARAJ B., AGED 28 YEARS, RESIDING NO. 10, 1ST MAIN ROAD, VINAYAKA LAYOUT, NYANDAHALLI, BENGALURU – 560 039. 2. SMT. MAYAMMA, W/O BUSI GOWDA, AGED ABOUT 69 YEARS, R/AT. NO.10, 1ST MAIN, VINAYAKA LAYOUT, NAYANDAHALLI, BENGALURU – 560 039. …PETITIONERS (BY SRI. ANIL R., ADVOCATE) AND: 1. STATE BY YESHWANTHPURA P.S. POLICE STATION, BENGALURU. HIGH COURT BUILDING, BENGALURU – 560 090. REPRESENTED BY STATE PUBLIC PROSECUTOR. 2. MRS. LIKITHA S., MR. VINOD RAJ B. N., D/O. SIDDHARAJU K.N., AGED ABOUT 22 YEARS, RESIDING AT R/AT. NO 578, 3RD MAIN, MATHIKERE, BENGALURU – 560 054. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; R2 - SERVED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18818 CRL.P No. 4094 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET PROCEEDINGS PENDING BEFORE 24TH ACMM IN CC NO.7529/2024 FILED UNDER FIR NO.339/2023 REGISTERED BY RESPONDENT NO.1 YESHWANTHPURA POLICE STATION BY THE COMPLAINT FILED BY RESPONDENT NO.2 MRS.LIKITHA S., UNDER 498A OF IPC, BEFORE 24TH ADDL.CMM, AT BANGALORE, PENDING DISPOSAL OF THE ABOVE PETITION, BY ALLOWING THE PRESENT PETITION. 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 reliefs: “Wherefore the petitioners above named, humbly prays, this Hon’ble Court be pleased to quash the charge sheet proceedings pending before 24th ACMM in CC No.7529/2024 filed under FIR No.339/2023 registered by R1-Yeshwanthpura Police Station by the complaint filed by R2-Mrs.Likitha S. under 498A of IPC, before 24th Addl. CMM, at Bangalore, pending disposal of the above petition, by allowing the present petition and grant such other relief/s as this Hon’ble Court may deem fit to grant in the circumstances of the appeal, in the ends of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:18818 CRL.P No. 4094 of 2025 3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that the petitioner No.1 is the husband of respondent No.2, while the petitioner No.2 is the paternal grandmother of petitioner No.1. On 12.08.2022, petitioner No.1 instituted matrimonial proceedings in M.C.No.5584/2022 against respondent No.2 seeking dissolution of his marriage with respondent No.2 and for other reliefs. It is contended that subsequently, after more than one year by way of a counter blast-respondent No.2 filed the instant complaint falsely indicating Section 498A making false and frivolous allegations. In pursuance of the same, respondent No.1-Police have registered an FIR in Crime No.339/2023, which is currently pending in C.C.No.7529/2024 before the Trial Court. Aggrieved by the impugned proceedings, petitioner is before this Court by way of the present petition. 5. As stated earlier, respondent No.2-Defacto complainant having been served with notice, has chosen to remain unrepresented and has not contested the proceedings. - 4 - HC-KAR NC: 2025:KHC:18818 CRL.P No. 4094 of 2025 6. A perusal of the impugned complaint, FIR, charge sheet material, statement of witnesses, documents etc., is sufficient to come to the conclusion that it was only after more than a period of one year from 12.08.2022 when the petitioner who was staying separately from respondent No.2 had already instituted matrimonial proceedings in M.C.No.5584/2022 against respondent No.2 seeking dissolution of his marriage with her on the ground of cruelty. Respondent No.2 subsequently, filed the instant complaint belatedly on 20.10.2023 thereby clearly indicating that the impugned complaint and all further proceedings pursuant thereto is only a counter blast which deserves to be quashed. 7. Under these circumstances, I am of the view that continuation of the impugned proceedings in C.C.No.7529/2024 would amount to abuse of process of law warranting interference in the present petition. 8. In the result, I proceed to pass the following: ORDER i) The petition is hereby Allowed. - 5 - HC-KAR NC: 2025:KHC:18818 CRL.P No. 4094 of 2025 ii) The impugned proceedings in C.C.No.7529/2024 arising out of crime No.339/2023 on the file of 24th Additional CMM, Bengaluru insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 28