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2025 DAILYLAW 25826 (KAR)

SMT. SHEELA H K v. STATE OF KARNATAKA

CRL.P/5027/2024 · 2025-04-01

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:13617 CRL.P No. 5027 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5027 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. SHEELA H K W/O SANGAPPA GOWDA M S AGED ABOUT 48 YEARS, RESIDING AT NO 663, 3RD MAIN ROAD, ARVINDA NAGAR, MYSURU CITY 570023 …PETITIONER (BY SRI. MARTHESHA G S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSING OFFICER MYSURU, KUVEMPU NAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001. 2. SMT SHREYA BABU W/O MAHENDRA N D/O ASHA BABU, AGED ABOUT 30 YEARS, RESIDING AT NO 750/B, I BLOCK, RAMAKRISHNA NAGARA, MYSURU CITY 570023. 3. SMT ASHA BABU AGED ABOUT 55 YEARS, RESIDING AT NO 750/B, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13617 CRL.P No. 5027 of 2024 I BLOCK, RAMAKRISHNA NAGARA, MYSURU CITY 570023. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. H C SHIVARAMU, ADVOCATE FOR R2 & R3) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.35/2024 REGISTERED BY KUVEMPU NAGAR P.S. MYSURU FOR THE OFFENCE P/U/S 504,506,509,511 R/W 34 OF IPC PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT MYSORE VIDE AT ANNEXURE-A AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused No. 2 challenges the registration of the First Information Report (FIR) for offences punishable under Sections 504, 506, and 509 read with Section 34 of the IPC. 2. The second respondent lodged the FIR stating that accused No. 1, namely Umapathi, had given financial assistance to her father. The petitioner-accused No. 2 is a friend of her mother. They had gone on a trip to Vietnam, and after returning, accused No. 2 allegedly spoke ill about her mother, stating that she was in an illicit relationship. Based on the information provided by accused No. 2, accused No. 1 called the complainant’s mother and abused her in vulgar language, making frivolous allegations. - 3 - NC: 2025:KHC:13617 CRL.P No. 5027 of 2024 Thereafter, accused No. 1 called the second respondent and her sister-respondent No. 3, who resides in Germany, and threatened them to return the money advanced to their father. Failing which, he said he would send voice recordings and pictures to their family members to damage their reputation and also made allegations regarding their mother’s alleged illicit relationship. 3. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent-State, and the learned counsel for respondents No. 2 and 3. 4. The only allegation against accused No. 2 is that she allegedly informed accused No. 1 that the mother of respondent No. 2 (the complainant) was in an illicit relationship. Even accepting this allegation as true, it does not satisfy the essential ingredients to constitute the commission of offences under Sections 504, 506, 509 read with Section 34 of the IPC. In the absence of these essential elements, continuation of the investigation would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. - 4 - NC: 2025:KHC:13617 CRL.P No. 5027 of 2024 6. The impugned FIR in Crime No. 35/2024 registered by the Kuvempunagar Police Station, Mysuru, insofar as it relates to accused No. 2, is hereby quashed. 7. Respondent No.1 the Investigating Officer is directed to proceed against accused No. 1 in accordance with law, uninfluenced by any of the observations made in this order. The observations made herein are only for the purpose of the present petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 61