- 1 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5738 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. KUM. SEJIN SAJI D/O LATE SAJI AGED ABOUT 23 YEARS 2. SMT. BINDHU W/O LATE SAJI AGED 45 YEARS 3. MR. ANIL VERGHESE S/O LATE M. VARGHESE AGED 48 YEARS 4. SMT. SABITHA ANIL W/O ANIL VARGHESE AGED 42 YEARS ALL ARE R/AT KARIMUTTATHU KIZHAKKATHIL HOUSE, BHARANIKKAVU, KAYAMKULAM, KERALA-690 503. …PETITIONERS (BY SRI. BABY BALAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY S.H.O. SAMPIGEHALLI POLICE STATION, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 BANGALORE CITY REPRESENTED BY: THE LEARNED SPP, HIGH COURT, BENGALURU-560 001. 2. SMT. BINCY AJI W/O LATE AJI VAGHESE, NO.108, PURPLE GARDEN APARTMENT, SHREE VENKATESHWARA LAYOUT, JAKKUR, BENGALURU-560 054. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. TARUNN SURANA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.6199/2023 PENDING ON THE FILE OF VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 448, 323, 504, 506(B) ALONG WITH SECTION 34 OF IPC REGISTERED BY THE SAMPIGEHALLI POLICE STATION. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING: DATE OF RESERVED THE ORDER : 18.03.2025 DATE OF PRONOUNCEMENT OF THE ORDER : 07.04.2025 - 3 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ CAV ORDER Petitioners are seeking to quash the proceedings in CC No.6199/2023 pending on the file of VII Additional CMM at Bangalore City. 2. Based on a complaint lodged by respondent No.2, a case in Cr.No.242/2022 was registered at Sampigehalli PS and upon investigation, police filed charge sheet for offences punishable under Section 420, 448, 323, 504 and 506B r/w 34 of IPC. 3. It is the case of prosecution that the accused are the relatives of complainant’s husband, late Aji Verghese. During pandemic, accused No.1 sought financial assistance from the complainant to pay her semester fees, as accused Nos.2 to 4 were unable to arrange funds for the fourth year course at Dr.B.R.Ambedkar College of Nursing, Bangalore. On their assurance of repayment within a year, complainant transferred a sum of - 4 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 Rs.1,44,000/- in three installments i.e., Rs.60,000/- on 2.11.2020 through NEFT, Rs.54,000/- on 22.1.2021 through IMPS and Rs.30,000/- on 1.3.2021 through NEFT, from her Axis Bank account directly to the SBI account of the College. Subsequently, following the demise of her husband, the complainant, being a single parent faced financial hardship and requested repayment of the said amount from the accused, however, accused refused to refund the money. On 11.12.2021, all the accused trespassed into complainant’s house, verbally abused her stating she is responsible for her husband’s death, assaulted her with hands and refused to return the money stating that the flat where she resides belong to her deceased husband i.e., brother of accused No.3 and also threatened her with dire consequences etc. 4. According to complainant, a sum of Rs.1,44,000/- in three installments, was directly transferred to the SBI account of the College. The said amount was admittedly not paid to the accused. Even - 5 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 accepting that the amount was paid towards college fees of accused No.1, since the amount was not paid directly to the accused, it cannot be said that the said amount was borrowed by them with an assurance of repayment within a year. Except the bald allegation that accused Nos.1 to 4 with an intention to cheat the complainant borrowed the said money, there are no other material to substantiate it. 5. It is contended by the learned counsel for petitioners that it was complainant’s late husband, brother of accused No.3 who was sponsoring and paying the educational fee and other expenses of accused No.1 and only when they started suspecting the death of complainant’s husband, a false complaint was lodged. 6. Insofar as the incident of trespass and assault are concerned, according to the complainant on 11.12.2021 all the accused trespassed into her house, abused, assaulted and threatened etc. The complaint is filed after an inordinate delay. Private complaint with a prayer to refer the matter for investigation was filed on - 6 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 14.6.2022. It is stated that when the complainant came to Bangalore from her native place, again the accused trespassed into her house on 19.4.2022, abused, manhandled and physically assaulted her etc. Though it is stated that the same was brought to the notice of the local police, there is no material showing lodging of complaint with the police. Complainant herself has stated that the police did not acknowledge the said complaint. Hence, a mere statement that a complaint was immediately lodged with the police cannot be accepted. 7. Having perused the material on record, this Court is of the view that the criminal proceedings initiated against the petitioners is an abuse of process of the Court. Hence, the following: ORDER i. Petition is allowed. - 7 - NC: 2025:KHC:14688 CRL.P No. 5738 of 2023 ii. Entire proceedings against the petitioners in CC No.6199/2023 pending on the file of VII Additional Chief Metropolitan Magistrate, Bangalore, are quashed. iii. I.A.No.1/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 1 Ct:ar