- 1 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4626 OF 2018 BETWEEN: 1. SRI BALAJI S/O D LOGANATHAN, AGED ABOUT 45 YEARS 2. MS.B.GOMATHI D/O SRI BALAJI, AGED BOUT 21 YEARS 3. SMT.SHANTHI W/O SRI BALAJI, AGED ABOUT 42 YEARS ALL RESIDING AT NO.65, DHARMARAJA, KOVIL ARCOT, VELLOR DISTRICT, TAMIL NADU-632 503 … PETITIONERS (BY SRI. M. VINAYA KEERTHI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE STATION HOUSE OFFICER YESHWANTHAPURA POLICE STATION 9TH CROSS ROAD, YESHWANTHAPURA INDUSTRIAL SUBURB ASHOKAPURAM, MAHALAKSHMI LAYOUT, BENGALURU-560 022. Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 2. SRI. VENKATESH S/O CHANGAIAH, AGED ABOUT 52 YEARS NO.594, 9TH CROSS, GOKULA, 2ND PHASE, 1ST STAGE, MATHIKERE BENGALURU-560 054. … RESPONDENTS (BY SRI. S. BALAKRISHNAN, ADVOCATE FOR R2; SMT. RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO 1. QUASH THE FIR DATED 27.10.2017, REGISTERED BY THE YESHWANTHAPURA POLICE STATION IN CRIME NO.407/2017, 4TH A.C.M.M. COURT, NRUPATUNGA ROAD, BANGALORE AND ETC. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioners being accused Nos. 1 to 3 are seeking to quash the criminal proceedings initiated against them by respondent No.2 in Crime No.407/2017 of Yeshwanthapura Police Station, on the file of the learned 4th ACMM, Bangalore, for the offences punishable under Sections 406, 506 read with Section 34 of Indian Penal Code (for short 'IPC'). - 3 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 2. Brief facts of the case are that, a private complaint came to be filed by respondent No.2 alleging that he arranged the marriage of his son with the daughter of accused No.1 and had given valuable silk sarees, platinum ring, diamond necklace to the daughter of accused No.1 and had also transferred Rs.5,00,000/- through RTGS in the name of accused No.1 for the purpose of arranging the engagement ceremony and the marriage, but since there was dispute between the two parties, the marriage proposal broke down and the valuables that were received by accused were not returned. Therefore, a private complaint came to be filed, which was later registered in Crime No.407/2017. Accused Nos. 1 to 3 are before this Court seeking to quash the criminal proceedings initiated against them. 3. Heard Sri. M. Vinaya Keerthy, learned counsel for the petitioners; Smt. Rashmi Patel, learned HCGP for respondent No.1 - State and Sri. S. Balakrishnan, learned - 4 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 counsel for respondent No.2. Perused the materials on record. 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the Petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 5. Respondent No.2 filed a complaint against accused Nos. 1 to 3 stating that valuable silk sarees, platinum ring and diamond necklace were given to the daughter of accused No.1 and Rs.5,00,000/- was transferred to the account of accused No.1 through RTGS. Even though the marriage proposal was broken, valuables and the cash were not returned and on the other hand, they have committed the criminal offence. - 5 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 6. During the course of arguments, both the learned counsel representing the petitioners and respondent No.2 submit in unison that the valuables referred to by the complainant in the complaint were recovered during the investigation and the same were released in favour of respondent No.2 to his interim custody. Therefore, the said interim custody may be made absolute and the criminal proceedings may be quashed since the bride and bridegroom are married and they are settled in their life. 7. The materials on record disclose that the valuables referred to by the complainant in the complaint were recovered during the investigation and released to the interim custody of respondent No.2. It is stated that the son and daughter of respondent No.2 and accused No.1 are now settled in their life after marrying the persons of their choices. Therefore, I am of the opinion that continuation of the criminal proceedings against the petitioners is nothing but an abuse of due process of law. - 6 - NC: 2025:KHC:1151 CRL.P No. 4626 of 2018 Hence, I am of the opinion that the criminal proceedings is liable to be quashed. However, the interim custody of the valuables given to respondent No.2 is to be made absolute. 8. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed. (ii) The FIR registered in Crime No.407/2017 of Yeshwanthapura Police Station, for the offences punishable under Sections 406, 506 read with Section 34 of IPC, on the file of the learned 4th ACMM, Bangalore, is hereby quashed. The interim custody of the valuables given in favour of respondent No.2 as per the order passed by the trial Court is made absolute. Sd/- (M G UMA) JUDGE VP