- 1 - NC: 2025:KHC:1913 CRL.P No. 7570 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7570 OF 2024 BETWEEN: ANJALI J R D/O RAMANJINI S AGED ABOUT 28 YEARS, R/AT NAGARANGERE VILLAGE, CHALLAKERE TALUK, CHITRADURGA KARNATAKA-577 522. …PETITIONER (BY SRI. M SHASHIDHARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHALLAKERE PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. MAMATHA LAKSHMI W/O SRINIVAS, AGED ABOUT 29 YEARS, R/AT ANJANAPPA COMPLEX, TYAGARAJA NAGAR, CHALLAKERE TOWN CHITRADURGA - 577 522. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1 R2 SERVED BUT UNREPRESENTED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1913 CRL.P No. 7570 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.61/2023 ORIGINATING FROM CR.NO.317/2022 OF THE RESPONDENT CHALLAKERE POLICE FOR THE OFFENCE P/US/ 498A, 323, 504 R/W 34 OF IPC, 1860 WHICH IS PENDING BEFORE THE COURT OF THE HONBLE PRL. CIVIL JUDGE AND JMFC, CHALLAKERE IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner is seeking for the following relief: "Wherefore, the above named Petitioner (Accused No.2) prays that this Hon'ble Court be pleased to quash the proceedings in C.C.No.61/2023 originating from Crime No.317/2022 of the respondent Challakere Police for the offences punishable under section/s 498(A), 323, 504 r/w 34 of the Indian Penal Code, 1860 which is pending before the Court of the Hon'ble Principal Civil Judge and JMFC, Challakere, in the above case in the ends of justice." 2. Heard learned counsel for the petitioner and perused the material on record. - 3 - NC: 2025:KHC:1913 CRL.P No. 7570 of 2024 3. The complainant-respondent No.2, having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record would indicate that respondent No.2-complainant got married to one Srinivas on 14.02.2014 and girl child has been born out of the wedlock. On 25.09.2022, respondent No.2 filed a compliant, which is registered as impugned FIR in Crime No.317/2022, which is currently pending in C.C.No.61/2023 against the petitioner- accused No.2 and the husband-accused No.1 for the offence punishable under Sections 498A, 323, 504 r/w Section 34 of IPC. 5. A perusal of the allegation made in the complaint, charge sheet and the material collected along with the charge sheet will clearly indicate that the petitioner not being the family member of accused No.1, does not fit into the description of the member of a family for the offence punishable under Section 498A of the IPC and consequently, the impugned proceedings, qua the petitioner, are clearly unsustainable and continuation of the same would amount to - 4 - NC: 2025:KHC:1913 CRL.P No. 7570 of 2024 abuse of process of law warranting interference in the present petition. 6. 6. Insofar as the other offences alleged against the petitioner inasmuch as Sections 323 and 504 r/w Section 34 of IPC are concerned, in the absence of material to establish the commission of the said offences against the petitioner, who is not a member of the family of respondent No.2 or her husband, I am of the considered opinion that as held by the Apex Court in the cases of U.Suvetha vs. State by Inspector of Police and another1 and Shivcharan Lal Verma and another vs. State of Madhya Pradesh2, the impugned proceedings qua the petitioner deserves to be quashed 7. In the result, the following: ORDER i) The criminal petition is allowed. ii) The entire proceedings in C.C.No.61/2023 pending before the Principal Civil Judge and JMFC, Challakere, arising out of FIR Crime No.317/2022 registered by respondent No.1- 1 (2009) 6 SCC 757 2 (2007) 15 SCC 369 - 5 - NC: 2025:KHC:1913 CRL.P No. 7570 of 2024 Police, for the offences punishable under Sections 498A, 353, 504 r/w Section 34 of IPC, qua the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 28