- 1 - NC: 2025:KHC:12723 CRL.P No. 12006 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12006 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MURTHY R., S/O. RAMAIAH AGED ABOUT 42 YEARS, R/O. NO. 45, GOVAVIGERE, KANNAMANGALA, BENGALURU-560 067. …PETITIONER (BY SRI. SUBHASH R., ADVOCATE FOR SRI. PRASAD G.V., ADVOCATE ) AND: 1. STATE OF KARNATAKA BY BIAL P. S., REP. BY SPP, HIGH COURT BUILDING, BANGALORE-01. 2. VENKATALAKSHMI, D/O VENKATESH, AGED ABOUT 26 YEARS, R/AT DODDASANNE VILLAGE, BENGALURU DISTRICT, KARNATAKA- 562 129. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 IS SERVED) THIS CRL.P IS FILED U/S 482 CR.PC., PRAYING TO QUASH THE FIR BEARING CRIME NO.38/2021 DATED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12723 CRL.P No. 12006 of 2023 23.03.2021 (ANNEXURE-A) AND THE FINAL REPORT DATED 28.04.2021 (ANNEXURE C) ON THE FILE OF RESPONDENT POLICE. QUASH THE CHARGE SHEET AND CONSEQUENTLY THE ENTIRE PROCEEDINGS IN C.C.NO.10539/2021 PENDING ON THE FILE OF THE HON’BLE PRL. CIVIL JUDGE AND JMFC, AT DEVANAHALLI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 495 OF IPC AS AGAINST THE PETITIONER AS THE SAME IS ILLEGAL AND CONTRARY TO LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the FIR in Cr.No.38/2021 registered against him by Bengaluru International Airport (BIAL) Police Station, Bengaluru City and the charge sheet in CC No.10539/2021 filed on the file of Principal Civil Judge and JMFC, Devanahalli, for offence punishable under Section 495 of IPC. 2. It is alleged that the petitioner married respondent No.2 on 15.3.2021 by suppressing the fact that he was already married and having children. 3. Under Section 198 of Cr.P.C. (219 of BNSS, 2023), no Court shall take cognizance of an offence - 3 - NC: 2025:KHC:12723 CRL.P No. 12006 of 2023 punishable under Chapter XX of IPC except upon a complaint made by some person aggrieved by the offence. 4. Even though the complainant is an aggrieved person, no FIR could be registered for the offence under Section 495 of IPC and the learned Magistrate could not have taken cognizance on the basis of a police report. The remedy available to the complainant was to file a private complaint as the offence alleged under Section 495 of IPC falls under Chapter XX of the IPC. Therefore, the entire charge sheet, which is based on the police investigation is liable to be quashed. Hence, the following: ORDER i. Petition is allowed. ii. The entire proceedings as against the petitioner/accused No.1 in CC No.10539/2021 pending on the file of Principal Civil Judge and JMFC, Devanahalli, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/ List No.: 1 Sl No.: 28