- 1 - NC: 2025:KHC:12836 CRL.P No. 4550 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4550 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. PRAKASH T.M, S/O LATE MAHADEVAPPA, AGED ABOUT 36 YEARS, RESIDING AT NO. 367, 14TH CROSS ROAD, SADASHIVA NAGAR, BENGALURU - 560 080. ALSO AT INAM UTTANNAHALLI, VARUNNA HOBLI, MYSORE TALUK AND DISTRICT - 572 114. …PETITIONER (BY SRI. I.S. DEVAIAH, ADVOCATE FOR SRI. DEVARAJ K.S, ADVOCATE) AND: 1. KAVYA H.N, W/O PRAKASH T.M, AGED ABOUT 27 YEARS, 2. DUSHANTH T.M, S/O PRAKASH T.M, AGED ABOUT 3 YEARS SINCE MINOR, REPRESENTED BY KAVYA H.N, BOTH RESIDING AT HORALAHALLI VILLAGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12836 CRL.P No. 4550 of 2022 SOSALE HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 124. …RESPONDENTS (BY SMT. NIRMALA KRISHNA, ADVOCATE FOR R1 AND R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRL. MISC 478/2022 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T NARASIPURA FILED BY THE RESPONDENTS U/S 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings in Crl.Mis.No.478/2022 pending before the Senior Civil Judge and JMFC, T.Narasipura, initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is challenged in this petition preferred by the petitioner/husband. 2. According to the petitioner, respondent No.1 has falsely charged and initiated proceedings against him and therefore, it is a malicious prosecution. 3. It is not in dispute that respondent No.1 is the wife of the petitioner and respondent No.2 is their child. The - 3 - NC: 2025:KHC:12836 CRL.P No. 4550 of 2022 marriage is said to have been solemnized on 12.10.2014. It is alleged that, the petitioner subjected the respondent No.1 to mental and physical cruelty, including consistent demands for dowry, ill-treatment during her pregnancy, and neglected after the premature birth of respondent No.2. Despite Panchayat interventions, the petitioner and his mother allegedly continued harassment, forcing the respondent No.1 to return to her parental home. It is further alleged that the petitioner misrepresented his occupation at the time of marriage, squandered his earnings on alcohol and gambling, and failed to provide financial or emotional support to the respondent No.1 and the minor child, leaving them reliant on parents of respondent No.1, who are daily wage earners also caring for a differently-abled child. Certain domestic violence is alleged in the petition filed under Section 12 of the Act. Being so, this Court cannot interfere with the proceedings exercising jurisdiction under Section 482 of Cr.P.C., as it is for the competent court to decide the application after considering the claim of both the parties. This Court cannot conduct a mini enquiry and hold that the petition filed under Section 12 of the Act amount to malicious prosecution. - 4 - NC: 2025:KHC:12836 CRL.P No. 4550 of 2022 4. It is contended by the learned counsel for petitioner that there is no domestic incident report filed before the trial court and therefore, the proceedings cannot be continued. 5. Learned counsel for respondent has relied on a judgment of the Apex Court in Prabha Tyagi v. Kamlesh Devi, reported in AIR 2022 SC 2331, wherein the Apex Court has observed that the expression 'shall' is used in the proviso, is restricted to only those cases where a Protection Officer files any Domestic Incident Report or, as the case may be, the service provider files such a report and when Domestic Incident Report is filed by a Protection Officer or a service provider, in such a case the Magistrate has to take consideration the said report received by him. But, if such a report has not been filed on behalf of the aggrieved person then he is not bound to consider any such report. Therefore, the expression 'shall' has to be read in the context of a Domestic Incident Report received by a Magistrate from the Protection Officer or the service provider as the case may be in which case, it is mandatory for the Magistrate to consider the report. But, if no such report is received by the Magistrate then the Magistrate - 5 - NC: 2025:KHC:12836 CRL.P No. 4550 of 2022 would naturally not consider Domestic Incident Report before passing any order on the application. The petitioner is permitted to take all contentions before the trial court at the appropriate stage. There is no merit in this petition. Accordingly, the petition stands dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HDK List No.: 1 Sl No.: 19