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High Court of Karnataka · body

2025 DAILYLAW 23465 (KAR)

SRI. SOMALINGU v. THE STATE OF KARNATAKA BY

CRL.P/5524/2025 · 2025-04-28

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18049 CRL.P No. 5524 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5524 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. SOMALINGU S/O LATE LINGEGOWDA, AGED ABOUT 39 YEARS, R/AT NO.10, 1ST MAIN, 1ST CROSS, BYARAHANUMAYYA COMPOUND, VIJAYANAGAR 2ND STAGE, BENGALURU-560040. 2. SRI. GIRISH S/O LATE LINGEGOWDA. C, AGED ABOUT 35 YEARS, R/AT NO.82, KODAMBALLI VILLAGE, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT-562138. 3. SMT. CHIKKATHAYAMMA W/O LATE LINGEGOWDA. C, AGED ABOUT 62 YEARS, R/AT KODAMBALLI VILLAGE, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT-562138. 4. SRI. SHIVARAMU. K. S. S/O LATE. SIDDARAMEGOWDA AGED ABOUT 39 YEARS, R/AT KUNTHUR VILLAGE, NITTUR HALASAHALLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 …PETITIONERS (BY SRI. MANJUNATH M R.,ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:18049 CRL.P No. 5524 of 2025 AND: 1. THE STATE OF KARNATAKA BY RAMANAGARA WOMEN P.S, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001. 2. SMT. MAMATHA @ DEEPA D.S, W/O SOMALINGU K.L, AGED ABOUT 35 YEARS, C/O LILLY D SOUZA, CHIKKAPETE, VIRAJPETE TALUK, MADAKERI-KODAGU-571218 ALSO AT DODDAKALABALU VILLAGE, KOTTAGALU POST, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117 …RESPONDENTS (BY SRI.ASMA KOUSER., ADDL.SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR AND COMPLAINT IN CRIME NO.62/2022 REGISTERED BY RAMANAGARA WOMEN P.S, RAMANAGARA DISTRICT FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 506, 504, 114, 149 INDIAN PENAL CODE R/W SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, KANAKAPURA, RAMANAGARA DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:18049 CRL.P No. 5524 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.1 to 4 are before this Court in this petition preferred under Section 482 of Cr.P.C., seeking to quash the FIR and complaint in Crime No.62/2022 registered at Ramanagara Women Police Station, for offences punishable under Section 498-A, 504, 506, 114 read with Section 149 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 2. It is not in dispute that the petitioners/accused Nos.2 to 4 along with other accused persons had already approached this Court in Crl.P.No.6239/2022 C/W Crl.P 6419/2022 and connected matters for the very same relief and those petitions were allowed in part, quashing the proceedings insofar as accused Nos.5 to 11 are concerned. 3. This Court after considering the facts and circumstances, declined to quash FIR and complaint insofar as accused Nos.2 to 4 are concerned. 4. It is contended by the learned counsel for petitioners that only after a MC petition seeking divorce was filed by accused No.1, with a malafide intention, the complaint - 4 - NC: 2025:KHC:18049 CRL.P No. 5524 of 2025 was lodged against the entire family members of petitioner No.1. 5. The grounds urged by the petitioners to quash the entire proceedings cannot be accepted, as this Court has already dismissed the prayer of petitioner Nos.2 to 4 assigning reasons. This Court has observed that since investigation is still pending, the proceedings against accused Nos.2 to 4 cannot be interfered with. A perusal of the compliant averments reveal that there are allegations against these petitioners. i.e., Accused Nos.1 to 4. At this stage, there is a prima facie case against the petitioners. Hence, the statutory duty of the police to conduct investigation into the said allegations cannot be interfered with. Petition has no merit. Accordingly, petition is dismissed. 6. I.A.No.1/2024 is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 26