- 1 - HC-KAR NC: 2025:KHC:22183 CRL.P No. 8336 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8336 OF 2024 BETWEEN: MR. GURDEEP SINGH S/O MR. TARVINDAR SINGH AGE ABOUT 30 YEARS R/A DSR SUNSHINE APARTMENT, FLAT NO.B-203, T. KRISHNAREDDY LAYOUT BANASAVADI BANGALORE-560043 …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. ABHISHEK M.R., ADVOCATE) AND: 1. STATE BY VIDYARANYAPURA POLICE STATION YELAHANKA SUB-DIVISION KARNATAKA, BANGALORE-560097 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001. 2. MS. MALAR MARY D/O SUSANINADAN, AGE ABOUT 35 YEARS R/A NO.35/5, USHA BUILDING KALPPA LAYOUT, DODDABOMMASANDRA VIDYARANYAPURA BANGALORE-560097 …RESPONDENTS (BY SMT. SOWMYA R., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; NOTICE IS SERVED ON RESPONDENT NO.2 AND UNREPRESENTED) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22183 CRL.P No. 8336 of 2024 THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH FIR IN CRIME NO.0321/2023 DATED 09.10.2023 (ANNEXURE-A) PENDING BEFORE THE HON'BLE 41ST ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE IN C.C.NO.29564/2023 REGISTERED BY THE VIDYARANYAPURA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 354, 417 READ WITH 34 OF IPC 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 In this petition, the petitioner seeks the following reliefs: "a) Quash FIR in Crime No.0321/2023 dated 09.10.2023 (Annexure-A) pending before the Hon'ble 41st Addl. CMM Court, Nrupatunga Road, Bangalore in C.C.No.29564/2023 registered by the Vidyaranyapura Police Station for the offence punishable u/s 498A, 323, 354, 417 R/w 34 IPC. b) Quash chargesheet in Crime No.0321/2023 dated 25-10-2023 (Annexure-B) pending before Hon'ble 41st Addl. CMM Court, Nrupatunga Road, Bangalore in CC No.29564/2023 and proceedings; - 3 - HC-KAR NC: 2025:KHC:22183 CRL.P No. 8336 of 2024 c) Quash Police Complaint lodged by the Second Respondent before Vidyaranyapura Police Station (Annexure-C). d) Pass any other order(s) which this Hon'ble Court may deem fit and proper under the facts and circumstances of this case." 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 is served with notice and she has remained unrepresented. 3. A perusal of the material on record will indicate that on 09.10.2023, the respondent No.2 filed the impugned complaint which was registered as an FIR in Crime No.321/2023 against the petitioner for the offences punishable under Sections 498A, 323, 354, 417 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC'). In pursuance of the same, Police authorities conducted the investigation and filed a charge sheet which is currently pending in C.C. No.29564/2023. Aggrieved by the impugned proceedings, the petitioner is before this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:22183 CRL.P No. 8336 of 2024 4. A perusal of the material on record will indicate that in so far as the allegation relating to the offence punishable under Section 498A of IPC is concerned, it is an undisputed fact that the petitioner is neither the husband of the respondent No.2 nor is he related to the husband of respondent No.2 and consequently, it cannot be said that the petitioner is guilty of the offence punishable under Section 498A of IPC as held by the Hon’ble High Court of Kerala in the case of Dr. Aswin V. Nair v. State of Kerala Represented by Public Prosecutor and Others [2024 SCC OnLine Ker 3747]. 5. It is also relevant to state that in so far as the offences punishable under Sections 323, 354 and 417 of IPC are concerned, the necessary ingredients in this regard are not forthcoming and are conspicuously absent in the complaint, FIR, charge sheet materials, statements of witnesses, documents etc. and as such, it cannot be said that the petitioner is guilty of the aforesaid offences also. Under these circumstances, I am of the considered opinion that the petitioner cannot be said to be guilty of the alleged offences and consequently, the impugned proceedings deserve to be quashed. - 5 - HC-KAR NC: 2025:KHC:22183 CRL.P No. 8336 of 2024 6. In the result, I pass the following: ORDER (i) The Petition is hereby allowed. (ii) The impugned proceedings in C.C. No.29564/2023 arising out of Crime No.321/2023 registered by the respondent No.1 – Police, for the offences punishable under Sections 498A, 323, 354, 417 read with Section 34 of the Indian Penal Code, 1860, and pending on the file of the XLI Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru insofar as the petitioner / accused No.1 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 2 Sl No.: 9