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2025 DAILYLAW 29987 (KAR)

SMT. BHARATHI PRASAD v. THE STATE OF KARNATAKA

CRL.P/7080/2024 · 2025-06-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21490 CRL.P No. 7080 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7080 OF 2024 BETWEEN: 1. SMT. BHARATHI PRASAD, W/O J.M.NARAYANA PRASAD, AGED ABOUT 64 YEARS, R/AT NO.24, 9th CROSS, K.R.LAYOUT, NEAR INCHARA HOTEL, J.P.NAGAR, 6th PHASE, BANGALORE – 560 078. 2. SRI. J.M.NARAYANA PRASAD, AGED ABOUT 67 YEARS, R/AT NO.24, 9th CROSS, K.R.LAYOUT, NEAR INCHARA HOTEL, J.P.NAGAR, 6th PAHSE, BANGALORE – 560 078. …PETITIONERS (BY SRI. ASHOKA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY YEALAHANKA NEW TOWN POLICE STATION, BENGALURU CITY. BY STATE PUBLIC PROSEUCTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MRS. BHAVANI V, W/O MR. RAHUL J.N., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21490 CRL.P No. 7080 of 2024 AGED ABOUT 29 YEARS, R/AT NO.195/2, NAGARJUN COLLEGE, RAMAGONDANAHALLI, YELAHANKA NEW TOWN, BENGALURU – 560 064. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE FIR DATED 20.06.2024 FOR THE OFFENCE P/US/ 498-A OF IPC AND SEC.3, 4 OF DP ACT IN CR.NO.317/2024 BY THE YELAHANKA NEW TOWN POLICE STATION, BENGALURU CITY PENDING ON THE FILE OF 7th ACMM COURT, NRUPATUNGA ROAD, BENGALURU. 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, Petitioners seek the following relief: "Quash the FIR dated 20.06.2024 for the offences punishable under Section 498A of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act in Crime No.0317/2024 by the Yelahanka New Town Police Station, Bengaluru City, pending on the file of the 7th Additional CMM Court, Nrupatunga Road, Bengaluru and - 3 - HC-KAR NC: 2025:KHC:21490 CRL.P No. 7080 of 2024 pass such other order/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the Petitioners and learned HCGP for Respondent No.1 and perused the material on record. Respondent No.2- de facto complainant having been served with notice of the Petitioners, has chosen to remain unrepresented and has not contested the Petition. 3. A perusal of the material on record will indicate that the second Respondent – Complainant filed the instant complaint dated 20.06.2024 against her husband late Rahul J N – Accused No.1 and his parents Petitioners – Accused Nos. 2 & 3 which was registered as an FIR in Crime No. 0317/2024 for the alleged offences p/u/s 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 4. Under these circumstances, it is relevant sate that in the pendency of the present petition, Mr. Rahul - 4 - HC-KAR NC: 2025:KHC:21490 CRL.P No. 7080 of 2024 J.N., i.e., husband of Respondent No.2 and Accused No.1 has expired. A perusal of the impugned complaint will indicate that except making general, bald, omnibus and vague allegations, no specific instances or allegations are forthcoming as against Petitioner Nos. 2 and 3 and consequently, in the light of judgment of Apex Court in the case of GHANSHYAM SONI v. STATE (GOVT.OF DELHI) & ANOTHER, reported in AIR 2024 SC 4825, I am of the view that continuation of the impugned proceedings qua the present petitioners deserves to be quashed. 5. Accordingly, I pass the following: ORDER (ii) Petition is hereby allowed. (ii) The FIR in Crime No.0317/2024 dated 20.06.2024 registered by the Yelahanka New Town Police Station, pending on the file of the 7th Additional CMM Court, Bengaluru, for the offences punishable under Sections 498A of Indian Penal Code and Section 3 and 4 - 5 - HC-KAR NC: 2025:KHC:21490 CRL.P No. 7080 of 2024 of Dowry Prohibition Act, 1961 insofar as the Petitioners- Accused Nos.2 and 3 is concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 4 Sl No.: 10