- 1 - HC-KAR NC: 2025:KHC:20911 CRL.P No. 5402 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5402 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: MRS. KAVITA GANDHI D/O MR. LATESH GAJARIA, AGED ABOUT 45 YEARS R/O : 311 S BALDERSTON DRIVE EXTON, PA 19341, USA ALSO AT: #359A DEWANG APARTMENTS, TPS III 21ST ROAD, BANDRA WEST MUMBAI - 400 050, INDIA …PETITIONER (BY SRI. SONIA RAJESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY EAST ZONE WOMEN PS REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI BENGALURU - 560001 2. MRS NANCY BHATIA W/O MR BRIJESH GARJARIA AGED ABOUT 41 YEARS R/AT: WING 3, NO.1302, BREN IMPERIA APARTMENTS SHUBH ENCLAVE, HARLUR ROAD BANGALORE - 560102 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; NOTICE TO R2 - SERVED AND UNREPRESENTED) Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20911 CRL.P No. 5402 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO A. QUASH THE FIR IN CR.NO.225/2022 DATED 20.12.2022 PENDING BEFORE THE 6tH ACMM NRUPATUNGA ROAD, BENGALURU AGAINST PETITIONER WHO IS ARRAIGNED AS ACCUSED PERSON NO.4 FOR THE ALLEGED OFFENCE P/US/ 4 OF DP ACT 1961 AND SEC.506,34,498-A,504,323 OF IPC 1860 FILED BY THE EAST ZONE WOMEN POLICE STATION, SHIVAJINAGAR THAT IS THE RESPONDENT NO.1 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- "a) Call for the Records in C.C.No.19506/2023 pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru; and b) Quash the FIR in Crime No.0225/2022 dated 20th December 2022 pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru against Petitioner who is arraigned as accused persons No. 4 for the alleged offences punishable U/s Section 4 of Dowry prohibition act, 1961 and Sections 506, 34, 498A, 504 And 323 of IPC, 1860 filed by the East Zone, Women police station, Shivajinagar, i.e, the Respondent no.1 and c) Quash the Chargesheet in C.C.No.19506/2023 dated 30.04.2023 filed by the East Zone, Women police station, Shivajinagar, i.e., the Respondent no.1 pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru against Petitioner who is arraigned as accused person No.4 for the alleged offences punishable U/s Section 4 of Dowry prohibition - 3 - HC-KAR NC: 2025:KHC:20911 CRL.P No. 5402 of 2024 act, 1961 and Sections 506, 34, 498A, 504 and 323 of IPC, 1860; and d) Quash the Order dated 04.08.2023 passed in C.C.19506/2023 pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru for the alleged offences punishable U/s Section 4 of Dowry prohibition act, 1961 and Sections 506, 34, 498A, 504 and 323 of IPC, 1860; and e) Consequently, quash the entire and all further proceedings in Crime No. 0225/2022 registered as C.C.No. 19506/2023; and f) For the reasons stated supra, the Petitioner prays this Hon'ble court to pass any appropriate order or issue any appropriate direction as this Hon'ble may deem fit in the facts and circumstances of the case in the interest of justice." 2. Heard learned counsel for the petitioner and the learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this petition has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that the 2nd respondent – de-facto complainant is a wife of one Mr.Brijesh Garjaria, while the petitioner herein is his sister. Respondent No.2 filed the instant complaint dated 20.12.2022 against the petitioner - accused No.4, her brother Brijesh Garjaria - accused No.1 and - 4 - HC-KAR NC: 2025:KHC:20911 CRL.P No. 5402 of 2024 their parents / accused Nos.2 and 3, which was registered as FIR in Crime No.225/2022 dated 20.12.2022 for offences punishable under Sections 506, 498A, 504 and 323 read with Section 34 of the IPC and Dowry Prohibition Act, 1961. In pursuance of the said complaint, respondent No.1 conducted investigation and filed a charge sheet which is presently pending in C.C.No.19506/2023. In this context, it is relevant to state that the perusal of the complaint, FIR, charge sheet material, statement of witnesses, document etc will indicate that except vague, bald, omnibus and general allegations made against the petitioner - sister-in-law, no specific instances to incriminate that the petitioner / accused No.4 for the alleged offences are forthcoming from the material on record. 4. Under these circumstances, in the light of the judgment of the judgment of the Apex Court in the case of Kahkashan Kausar @ Sonam and others vs. State of Bihar and others1, wherein it is held that dragging the in-laws of the wife un-necessarily into the matrimonial dispute between the husband and the wife, would be unjust, I am of the considered opinion that 1 2022 SCC Online SC 162 - 5 - HC-KAR NC: 2025:KHC:20911 CRL.P No. 5402 of 2024 the continuation of the impugned proceedings qua the petitioner - accused No.4 for the aforesaid alleged offences would amount to abuse of process of law, warranting interference by this Court in the present petition. 5. In the result, I pass the following: ORDER (i) Criminal Petition is hereby allowed; and (ii) The impugned proceedings in C.C.No.19506/2023 pending on the file of the VI Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, is hereby quashed qua the petitioner - accused No.4. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 15