- 1 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4238 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. APARMAYA SHUKLA, AGED 42 YEARS, S/O DR. SUSHIL KUMAR SHUKLA, NO.534, RAINDROPS APARTMENTS, HARALUR ROAD, AMBALIPURA BANGALORE CITY-560100 …PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION, EAST ZONE, PULAKESHINAGAR SUB DIVISION, SHIVAJINAGAR BANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR. 2. MRS. GARIMA MISHRA, AGED 41 YEARS, W/O APARMAYA SHUKLA, PRESENTLY R/AT E5-903, SNN RAJ GREENBAY APARTMENTS, ELECRONIC CITY PHASE-2 BENGALURU-560100 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, SRI OMRAN KHAN, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.210/2022 REGISTERED BY THE 1st RESPONDENT WOMEN POLICE STATION, EAST ZONE, PULAKESHINAGAR SUB DIVISION AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 506, 498-A, 504, 323 OF IPC, PENDING BEFORE THE VI ADDL.C.M.M., BENGALURU. 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, the petitioner seeks the following reliefs: “For the foregoing reasons, the petitioner prays that the Hon’ble Court be pleased to quash the FIR in Crime No.210/2022 pending before VI ACMM, Bengaluru, registered by the 1st Respondent Women Police Station, East Zone, Pulakeshinagar Sub-Division, against the petitioner for the offences punishable under Sections 506, 498A, 504, 323 of IPC and grant such other reliefs as the Hon’ble Court deems fit to grant, in the ends of equity and justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that prior to respondent No.2 wife lodging the instant complaint registered as FIR in Crime No.210/2022, earlier proceedings in G& WC No.35/2021, M.C.No.431/2022 and Crl.Mis.No.1103/2023 had already been instituted by the petitioner against respondent No.2 - 3 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 and the same were pending adjudication. During the pendency of the said proceedings, respondent No.2 filed the instant complaint dated 26.11.2022, which is assailed in the present petition. 4. Before adverting to the averments made in the complaint, it would be necessary to state that the allegations and claims made by respondent No.2 against the petitioner in relation to the alleged acts of domestic violence and cruelty are already the subject matter of the proceedings before the learned Magistrate in Crl.Mis.No.210/2022 and that in Crl.P.6740/2023, the same was quashed by this Court only in so far as the petitioner’s father, brother and cousin sister. In other words, the grievance of the petitioner and respondent No.2 ventilated in complaint dated 26.11.2022 have already been seized by the learned Magistrate under the Domestic Violence Act. The aforesaid complaint dated 26.11.2022 reads as under: “ To, The Station House Officer, Women Police Station, Shivajinagar Bengaluru – 560 051. - 4 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 Sub: Complaint against Mr. Aparmaya Shukla, residing at Flat No. 53, Raindrops Apartment, Haralur Road, Ambalipura, Bengaluru – 560 100(Mob. No. 89713966361) Respected Sir/Madam I am Garima Mishra residing at E5-903, SNN Green Bay Apartment, Electronic City Phase-2, Bengaluru – 560 100 with my 2 years old daughter and I am working in an IT Company in Bangalore. I got married to Mr. Aparmaya Shukla S/o Shushil Kumar Shukla in 27/02/2009 at Varanasi and was living with him at Bangalore. From past many years I have been a victim of domestic violence, physical assault and much more atrocities by my husband Mr. Aparmaya shukla, however I have been silent towards his inhuman behavior for sake for marriage and family. After prolong efforsts I was blessed with a baby girl l(ms. Saanvik Shukla) on 28.092020 however Aparmaya Shukla deserted me and my daughter and left the house on 17.042021 during the pandemic period. My husband has filed a case of child custody G & WC 35/2021 which is pending adjudication before the Hon’ble VI Addl. Dist & Sessions Judge, Bengaluru Rural. During the pendency of the case, the Hon’ble Court has directed that Mr. Aparmaya can talk to her daughter through video call on every saturday and sunday evening for 1 hour. - 5 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 I have also filed Domestic violence case (Crl. Misc. No. 1271/2022) which is pending adjudication before Chief Judicial Magistrate, Bengaluru Rural at Bengaluru. That Mr. Aparrmaya has been abusive and disrespectful while having video calls and has sent absive and filthy messages to me and my family members from his phone on whatsapp on multiple occasion (Mobile No. 89713- 966361). I have been warning him to behave properly but all requests have fallen on deaf ears. He has also tried to insult and defame me publicity sending disrespectful messages on society group wherein all society residents are members. He also tries to cleverly delete the abusive messages after its ready by me. However, I have been able to take screen shots of various abusive messages. I am living alone with my minor daughter and one maid and such callous and brutal behaviour of the Aparmaya has sacred me and I am also afraid that Aparmaya can go to any extent against me and my daughter. The recent screen shots of whatsapp chats with Aparmaya are annexed herewith. Few such incidents of abusive messages. 01/10/2022 Filthy and abusive message to my father 01/10/2022 Abusive message on whatsapp to me 03/10/2022 Insulting message on whatsapp group of Society 08/10/2022 Abusive message on whatsapp to me 24/10/2022 Abusive message on whatsapp to me 25/10/2022 Abusive message on whatsapp to me about my father The content of message is self- explanatory as how much harassment has been done by Aparmaya. - 6 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 Thus, I sincerely request you to take necessary and stringent action against him as per the law. Sd/- Garima Mishra” 5. A bare perusal of the aforesaid averments made in the complaint dated 26.11.2022 will indicate that the same are seized by the learned Magistrate in Crl.Mis.No.1103/2023 In fact, the respondent herself refers to the pendency of the matrimonial proceedings as well as the proceedings under Domestic Violence Act and consequently, identical/similar allegations made in the impugned complaint would not constitute offences under Sections 498-A or 323, 504 or 506 of IPC and consequently, in the light of the judgment of the Apex Court in the case of Digambar and another Vs. State of Maharashtra and another – 2024 SCC OnLine SC 3836, I am of the view that the impugned proceedings deserves to be quashed. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Crime No.210/2022 registered by respondent No.1- - 7 - NC: 2025:KHC:6165 CRL.P No. 4238 of 2023 Police, pending on the file of the VI ACMM, Bengaluru, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 0