- 1 - HC-KAR NC: 2025:KHC:21179 CRL.P No. 10184 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10184 OF 2024 BETWEEN: SRI. MAHESHA C.S. S/O. SOMASHEKAR, AGED ABOUT 30 YEARS, R/AT KEMPEGOWDA LAYOUT, LAGGERE, BENGALURU CITY, BENGALURU-560 058. PERMANENT RESIDENT AT: CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT, PIN-573 211. …PETITIONER (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOLENARASIPURA POLICE STATION, HASSAN DISTRICT, REPTD.. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. SHILPA. N.M. W/O. MAHESHA, AGED ABOUT 29 YEARS, RESIDENT OF CHENNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT, PIN-573 211. …RESPONDENTS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21179 CRL.P No. 10184 of 2024 (BY SRI. NAGESHWARAPPA K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; NOTICE TO RESPONDENT NO.2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.97/2024 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. AT HOLENARASIPURA (CRIME NO.193/2023 HOLENARASIPURA TOWN POLICE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 324, 504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF D.P ACT. 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 the following reliefs: "(a) Call for Trial Court records in C.C.No.97/2024, on the file of the Civil Judge and JMFC at Holenarasipura (Crime No.193/2023, Holenarasipura Town Police) for the offence punishable under Sections 498-A, 323, 324, 504, 506 R/w 34 of IPC and Sections 3 and 4 of D.P Act; (b) Quash entire proceedings in C.C.No.97/2024, on the file of the Civil Judge and JMFC at Holenarasipura (Crime No.193/2023, Holenarasipura Town Police) for the offence punishable under Sections 498-A, 323, 324, 504, 506 R/w 34 of IPC and Sections 3 and 4 of D.P. Act.” - 3 - HC-KAR NC: 2025:KHC:21179 CRL.P No. 10184 of 2024 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1 and perused the material on record. 3. The respondent No.2 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 petitioner is the husband of respondent No.2, who filed a complaint dated 06.07.2023 against the petitioner alleging the offences said to have been committed by him. The said complaint culminated in a Non-cognizable Report (NCR) No.247/2023 dated 06.07.2023. Subsequently, the respondent No.2 filed one more complaint dated 29.08.2023 which was registered as FIR in Crime No.193/2023 which is currently pending in C.C. No.97/2024 on the file of the Civil Judge and JMFC., Holenarasipura, pursuant to which charge sheet was filed for the offences punishable under Sections 498A, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 4 - HC-KAR NC: 2025:KHC:21179 CRL.P No. 10184 of 2024 5. In this context, it is relevant to state that apart from the fact that the material on record comprising of the complaint, FIR, charge sheet material, statements of witnesses, documents etc. do not disclose commission of the alleged offences by the petitioner, the undisputed fact is that the respondent No.2 had earlier filed an identical complaint making similar allegations which culminated in an endorsement / acknowledgement dated 06.07.2023, the impugned complaint filed subsequently on 29.08.2023 is clearly an improvement and an afterthought which is impermissible in law warranting interference by this Court in the present petition and as such, the continuation of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition. It is also pertinent to note that though the family members of the petitioner – husband i.e., his mother, parents etc. were also arraigned as accused Nos.2 to 5 in the original FIR, at the time of filing charge sheet, they are subsequently dropped which is yet another circumstance, which would vitiate the impugned proceedings - 5 - HC-KAR NC: 2025:KHC:21179 CRL.P No. 10184 of 2024 6. In the result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned proceedings in C.C. No.97/2024 arising out of Crime No.193/2023 registered by the respondent No.1 - Police for the offences punishable under Sections 498A, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, insofar as the petitioner / accused No.1 is concerned, are hereby quashed. iii. In view of disposal of this petition, I.A No.1/2024 for stay does not survive for consideration and the same stands rejected. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 19