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2025 DAILYLAW 31510 (KAR)

SMT. JAYALAKSHMI v. STATE OF KARNATAKA

CRL.P/9045/2023 · 2025-02-12

S R Krishna Kumar

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Judgment text

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- 1 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 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.9045 OF 2023 BETWEEN: SMT. JAYALAKSHMI, W/O LATE RAGHUNATH, AGED ABOUT 68 YEARS, R/AT NO.77, 1ST FLOOR, 4TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU - 560 003. …PETITIONER (BY SRI. MADHUKAR DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION, BENGALURU, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SMT. VEENA N. MURTHY W/O RAVIPRAKASH, D/O S. NARASIMHAMURTHY, AGED ABOUT 35 YEARS, R/AT NO.68, VINAYAKA NAGAR, OPPOSITE CHIKKABANAVARA, RAILWAY STATION, CHIKKABANAVARA, BENGALURU - 560 091. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP; R2 SERVED) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R REGISTERED IN CRIME NO.261/2023 BY THE SOLADEVNAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(r) AND 3(1)(s) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 READ WITH SECTION 498A AND 506 OF THE INDIAN PENAL CODE VIDE ANNEXURE-A PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS COURT, BENGALURU RURAL DISTRICT; BENGALURU; QUASH THE COMPLIANT DATED 08TH AUGUST, 2023 FILED BY THE RESPONDENT NO.2 BEFORE THE RESPONDENT NO.1-POLICE STATION VIDE ANNEXURE-B. 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 seeks following relief: "(i) Quash the FIR registered in Crime No.261/2023 for the offences punishable under Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 506 and 498A of the Indian Penal Code, 1860 (Annexure-A) pending on the file of II Additional District and Sessions Court, Bengaluru Rural District, Bengaluru; (ii) Quash the complaint dated 08.08.2023 (Annexure-B) filed by the respondent No.2 before the respondent No.1 Police station; - 3 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 (iii) Pass any other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the ends of justice." 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.1 and perused the material on record. 3. Respondent No.2-complainant 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 will indicate that the respondent No.2 is the wife of one Raviprakash, who is none other than the son of the petitioner. On 08th August, 2023, the respondent No.2 filed the instant complaint, which was registered as F.I.R. in Crime No.261/2023 by the Soladevanahalli Police Station, Bengaluru City against the petitioner and her son Sri. Raviprakash for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 498A and 506 of the Indian Penal Code. In this context, it is relevant to extract the averments made in the complaint, which read as under: - 4 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 "From Veena N. Murthy D/o S. Narashimhamurthy, Aged about 35 years, #68, Vinayaka Nagar, Opp. to Chickbanavar Railway Station, Bangalore - 560 090. To, The Station Officer, Soldevanahalli, Bangalore Rural Station, Bangalore - 90. Respected Sir, Sub: Mental harassment, Domestic Violence and life to threat to myself, my father, my mother and brother. I hereby would keep you inform i.e., Mr. Raviprakash R., who is my husband by identity and his mother Smt. Jayalakshmi both of them are harassing me mentally from the date of marriage 28-06-2019 till date. She never allow me inside the house. I & my husband are staying separately but still she call continuous on my husband phone and irritate my husband and motivate him to harass me mentally and physically. Several instance he has man handled me. In situation of medical emergency they have neglected me and not provided basis health facilities or any sort of medical treatment. Due to this behaviour and negligence from both of them i.e., mother & son my gall stone increased to 28 mm. and finally I had to loose my gallbladder. On 31st December,. 2019, I had to undergo Laproscopic surgery for gallbladder. All these points are mentioned to keep things transparent and clarity about my struggle. - 5 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 My husband is a alcoholic, smoking and gamblng addict. Though he work in a IT firm in a higher positio, he misbehave with me in alcoholic influence and scold me with vulgar language and always try to fist me over my neck. I was unable to breath. Everyday & Sec I have suffered a lot. On 06/08/23 i.e., on Sunday due to alcoholic influence he manhandled me and abused me and also threatened me & my family members to life. Due to constant suffering from 4 1/2 years i.e., 06/20/9 till date I have decided to file a complaint against my husband and his mother. His mother defamed me in every step since she is senior citizen she should not be ignored. I humbly pray to consider my complaint and do the needful. Best Regards Sd/- (Veena N. Murthy)" 5. A bear perusal of the of the averments made in the complaint will indicate that, except vague, bald and omnibus allegations made against the petitioner, the necessary ingredients constituting offences punishable against the petitioner are conspicuously absent in the impugned complaint. Therefore, I am of the considered opinion that the continuation of impugned proceedings qua the petitioner on the basis of these unsubstantiated allegations clearly amounts to abuse of process of law warranting interference by this Court in the present petition. - 6 - NC: 2025:KHC:6205 CRL.P NO.9045 OF 2023 6. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R. registered in Crime No.261/2023 by the Soladevanahalli Police Station, Bengaluru City for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 498A and 506 of the Indian Penal Code qua the petitioner pending on the file of the II Additional District and Sessions Court, Bengaluru Rural District, Bengaluru is hereby quashed; consequently, the complaint dated 08th August, 2023 filed by the respondent No.2 before the respondent No.1-Police against the petitioner is quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 11