- 1 - NC: 2025:KHC:10084 CRL.P No. 5316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5316 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. TILAK BHATTACHARYA, S/O LATE SRI. PRANAB KUMAR BHATTACHARYA, AGED ABOUT 50 YEARS, R/O NO.201, H.M. SYMPHONY CONCERT, KASAVANAHALLI MAIN ROAD, BANGALORE - 560 035. …PETITIONER (BY SRI. UDHAYA KUMAR G, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PSI, BELLANDURU POLICE STATION, MARATHAHALLI SUB DIVISION, BANGALORE CITY - 560 103, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. 2. CHANDRIMA B, AGED ABOUT 43 YEARS, W/O TILAK BHATTACHARYA, R/O FLAT NO.222, KRISTAL AGATE APARTMENT, KASAVANAHALLI MAIN ROAD, BENGALURU CITY, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10084 CRL.P No. 5316 of 2023 KARNATAKA - 560 035. …RESPONDENTS (BY SMT. GAYATHRI PATEL, HCGP FOR R1; SRI. KIRAN KRISHNASWAMY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.15093/2022, BEFORE THE XLI ADDL. CMM COURT, BENGALURU DATED 09.04.2022 AND 21.09.2021 AND CHARGE SHEET IN CHARGE SHEET NO.1539 AND 1540, COMPLAINT FILED BY THE RESPONDENT NO.1 AND 2, REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 498A, 34, 504 OF IPC THE SAME IS PENDING ON THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT BENGALURU NOW PENDING BEFORE 41ST A.C.M.M BENGALURU CITY VIDE ANNEXURE A AND C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is filed by petitioner/accused No.1 in Crime No.153/2021 of Bellanduru Police Station, to quash the charge sheet filed in CC.No.15093/2022, pending before the XLI Additional Chief Metropolitan Magistrate Court, Bangalore, registered for the offences punishable under Section 498A, 504 and 323 of IPC. - 3 - NC: 2025:KHC:10084 CRL.P No. 5316 of 2023 2. Heard both sides and perused the material on record. 3. FIR is registered on a complaint lodged by respondent No.2 i.e., wife of the petitioner. In the complaint, she has averred that she was married to the petitioner on 07.02.2003 and it was an arranged marriage. In the wedlock they have two children. It is alleged that due to physical and mental harassment meted her, she moved out of her matrimonial home on 27.08.2021. 4. FIR is registered against the petitioner and her mother. The complaint averments would disclose that the petitioner has harassed the complainant both physically and mentally. He used to assault the complainant in front of the children, kicked and twisted her arms and mentally harassed her etc. 5. The contention of the learned counsel for petitioner that the entire allegations are false and living with the petitioner for 17 years, a false complaint was filed - 4 - NC: 2025:KHC:10084 CRL.P No. 5316 of 2023 etc, cannot be accepted at this stage, since after conducting an investigation, charge sheet has been filed against the petitioner. It is to be noted that while filing charge sheet, name of petitioner's mother who was arraigned as accused No.2 in the FIR has been dropped. 6. It is well settled that, if the complainant does not prima facie disclose the ingredients of the offence alleged than the proceedings thereon can be quashed exercising the inherent power of this Court. However, in the instant case, a perusal of the complaint at this stage indicate that the ingredients of the offence alleged against the petitioner are made out. 7. It is also brought to the notice of the Court that the petitioner has filed an application before the Trial Court seeking discharge. The said application is pending. Hence, the petitioner is at liberty to raise all contentions before the Trial Court, if the said application for discharge is not already disposed. - 5 - NC: 2025:KHC:10084 CRL.P No. 5316 of 2023 With the above observation petition is dismissed. The observations made herein above are confined to the disposal of the instant petition. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 24 CT: BHK