- 1 - NC: 2025:KHC:6257 CRL.P No. 8219 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8219 OF 2024 BETWEEN: 1. HALAGE GOWDA G.N., S/O. LATE NINGE GOWDA, AGED ABOUT 63 YEARS, 2. SMT. JAYALAKSHMI B., W/O. HALAGEGOWDA, AGED ABOUT 56 YEARS, BOTH ARE R/A NO. 12/8, GOWDAGERE VILLAGE, MANIKANAHALLI POST, MELAKOTE HOBLI, PANDAVAPURA TALUK, MANDYA -571 431. …PETITIONERS (BY SRI. B RAMESH., ADVOCATE) AND: 1. STATE OF KARNATAKA GIRINAGAR POLICE STATION, BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. POOJA. R W/O. SHIVAKUMAR, AGED ABOUT 28 YEARS, R/AT NO. 44/19, 10TH MAIN ROAD, VENKATAPPA LAYOUT, HOSAKERAHALLI, BANASHANKARI 3RD STAGE, BENGALURU-560 085. NOW R/A NO. 2, VINAYAKAMARGHA, JAVAREGOWDA ROAD, BOGADHI, MYSORE-570 026. …RESPONDENTS (BY SMT. RASHMI JADHAV, HCGP FOR R1; R2 - SERVED ) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6257 CRL.P No. 8219 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.28749/2023 ON THE FILE OF THE 32ND A.C.M.M AT BENGALURU FOR THE OFFENCE P/U/S 323,498A,34 OF IPC AND SEC.3,4 OF D.P ACT INITIATED BY THE 1ST RESPONDENT POLICE PURSUANT TO THE COMPLAINT LODGED BY THE 2ND RESPONDENT. 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 petitioners seek the following relief: "Quash the entire proceedings in C.C.No.28749/2023 on the file of *37th Additional Chief Metropolitan Magistrate at Bengaluru for the offences punishable under Section 323, 498 A, 34 of IPC and Section 3 and 4 of Dowry Prohibition Act of 1967 initiated by the 1st respondent police pursuant to the complaint lodged by the 2nd respondent." 2. Heard the learned counsel for the petitioners and the learned Additional SPP for respondent No.1. Respondent No.2 having been served with notice of the petition has chosen to remain absent and is unrepresented. *Corrected vide Court Order dated 28.02.2025 - 3 - NC: 2025:KHC:6257 CRL.P No. 8219 of 2024 3. A perusal of the material on record would indicate that the petitioners are parents of one Sri Shivakumar who is none other than respondent No.2/Complainant. The respondent No.2 alleged a complaint on 10.08.2023 against her husband/Accused No.1 and the petitioners/Accused Nos.2 and 3 for alleged offences under Sections 323, 498A, 34 of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961. 4. A perusal of the complaint made, even if is taken at its face value, it is sufficient to come to a clear conclusion that allegations are primarily made against Accused No.1 who is husband of respondent No.2-Complainant and in the absence of specific allegations, necessary material particulars and details as against the petitioners against whom only omnibus, vague and bald allegations are made by the respondent No.2, I am of the considered opinion that in the light of the Judgment of the Apex Court in the case of 'KAHKASHAN KOUSAR @ SONAM AND OTHERS v. STATE OF BIHAR' - 2022 SCC Online 162, the continuation of the impugned proceedings qua the petitioner would amount to abuse of the process of law warranting interference in the present petition. In the result, the following: - 4 - NC: 2025:KHC:6257 CRL.P No. 8219 of 2024 ORDER [a] Petition is allowed. [b] The impugned proceedings in C.C. No.28749/2023 arising out of Crime No.331/2023 of Girinagar Police Station, on the file of the *XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE AN/- List No.: 1 Sl No.: 31 *Corrected vide Court Order dated 28.02.2025