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2025 DAILYLAW 28281 (KAR)

SMT. SAHANA v. THE STATE OF KARNATAKA

CRL.P/9557/2023 · 2025-02-03

S R Krishna Kumar

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Judgment text

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- 1 - NC: 2025:KHC:4903 CRL.P No. 9557 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9557 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT. SAHANA AGED ABOUT 22 YEARS, W/O SRINIVASA, R/A. HANCHIPURA VILLAGE, AMRTHURU HOBLI, KUNIGAL TALUK, TUMAKURU – 572 111. …PETITIONER (BY SRI. SHREERAM TIMMAPPA NAYAK.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION, REP BY THE SPP HIGH CORUT, BANGALORE-560 001. 2. SMT. PUTTALINGAMMA WIFE OF GIRIYAPPA, AGED ABOUT 65 YEARS, R/AT. HANCHIPURA VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU-572111, …RESPONDENTS (BY SRI. THEJESH.P,ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FINAL REPORT AS AGAINST THE PETITIONER FILED BY RESPONDENT POLICE IN CR.NO.51/2022 FOR THE OFFENCE P/U/S 324, 504, 506 OF IPC BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C., KUNIGAL, TUMAKURU AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4903 CRL.P No. 9557 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition seeks quashing of the impugned proceedings in C.C.No.3767/2022 (arising out of Crime No.51/2022 registered by respondent No.1-Police), pending on the file of the Senior Civil Judge and JMFC, Kunigal (for short “the Trial Court”). 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record comprising of complaint, FIR, charge sheet, statement of witnesses, documents etc., will indicate that initially, ingredients constituting the offences punishable under Sections 324, 504 and 506 of IPC had not been made out by the respondents. In addition thereto, the petitioner who is none other than the daughter-in-law of respondent No.2 had already filed a complaint against her brother-in-law, Govinda, son of respondent No.2 and an FIR in Crime No.15/2022 had been registered against the said Govinda for the offences punishable under Sections 376(2)(f), 376(2)(n) and 506 of IPC, pursuant to which a final report in C.C.No.3485/2022 is pending before the Sessions Court and has been renumbered as S.C.No.144/2022. It - 3 - NC: 2025:KHC:4903 CRL.P No. 9557 of 2023 is therefore clear that the impugned complaint filed on 25.03.2022 after the aforesaid events and the impugned proceedings is clearly a counter blast and after thought and continuation of the same would amount to abuse of process of law warranting interference by this Court in the instant petition. 4. Accordingly, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.3767/2022 (arising out of Crime No.51/2022 registered by respondent No.1- Police), pending on the file of the Senior Civil Judge and JMFC, Kunigal, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 60