Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15368 CRL.P No. 11580 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11580 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI. SUBRAMANYA V S/O LATE VEERSWAMY AGED ABOUT 56 YEARS,
2.
SMT. MALLAMMA W/O SUBRAMANYA V AGED ABOUT 35 YEARS,
PETITIONERS NOS.1 & 2 ARE R/O NO.51 8TH MAIN, TATA SILK FARM, THYAGARAJANAGAR, BANGALORE-560028.
3.
SRI. SANJAY S S/O SUBRAMANYA V AGED ABOUT 27 YEARS, NO.84, 9TH MAIN, TATA SILK FARM, BASAVANAGUDI, BANGALORE-560004. …PETITIONERS (BY SRI. V. MAHESHA., ADV. FOR SRI. A. HANUMANTHAPPA, ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:15368 CRL.P No. 11580 of 2022
AND:
1.
RENUKA NAYAK H D/O HANUMANTHA NAGOLI, AGED ABOUT 32 YEARS NO.18 1ST A CROSS, SONNENAHALLI MARUTHI NAGAR, BANGALORE-560025.
2.
THE STATE OF KARNATAKA THE STATION HOUSE OFFICER BASAVANAGUDI POLICE STATION BANGALORE, REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENTS (BY SRI. ADITYA D.,ADVOCATE FOR R1;
SRI. RAJATH SUBRAMANYA., HCGP FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.801/2021 PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU FOR THE OFFENCE P/U/S 417, 420, 504, 506 R/W 34 OF IPC AND SEC.3(1)(R)(S) OF SC/ST(POA) ACT OF RESPONDENT NO.2/POLICE (IN SO FAR AS PETITIONERS ARE CONCERNED).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
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NC: 2025:KHC:15368 CRL.P No. 11580 of 2022
ORAL ORDER
Petitioners are seeking to quash the proceedings initiated against them in Spl.C.No.801/2021 pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru .
2. Heard both sides and perused the materials on record.
3. Crime No.40/2020 was registered at Basavanagudi Women Police Station for the offence Punishable under Section 506, 504, 420 and 417 of IPC, on a complaint lodged by respondent No.1 against accused Nos.1 to 4. Charge sheet is filed for the above offences as well as under Section 3(1)(r), 3(1)(s) of the SC/ST(Prevention Of Atrocities) Act, 2015.
4. A plain reading of the complaint dated 14.07.2020 reveals that accused No.1, with a false promise of marriage, developed physical relationship with
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NC: 2025:KHC:15368 CRL.P No. 11580 of 2022
the complainant and later refused to marry and cheated her.
5. Vague allegations are made that when the matter was informed over phone to the petitioners i.e., the parents and brother of accused No.1, they gave assurance to the complainant that they will perform her marriage with accused No.1 and thereafter, abused her over phone in filthy language etc.
6.
Learned counsel appearing for respondent No.1, contended that in the further statement of the complainant as well as the statement of her brother, they have stated that even these petitioners have abused the complainant in filthy language etc. and therefore, the ingredients of the offences alleged are made out against the petitioners.
7. The gist of the allegation is breach of promise of marriage by accused No.1. The said accused is not before the Court. Petitioners are his parents and brother. The complaint averments if taken on its face value, does not fulfill the ingredients of the offences alleged against the
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NC: 2025:KHC:15368 CRL.P No. 11580 of 2022
petitioners. Having perused the entire materials on record, I am of the considered view that registration of FIR and filing of charge sheet against the petitioners is an abuse of process of the Court. Hence, the following:-
ORDER i) Petition is allowed. ii) The entire charge sheet in Spl.C.No.801/2021 pending on the file of LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru insofar as the petitioners are concerned is quashed. iii) The proceedings shall continue as against accused No.1 in accordance with law.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 20