- 1 - NC: 2025:KHC:3927 CRL.P No. 10978 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10978 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RASHMI MURTHY W/O KIRAN KUMAR AGED ABOUT 44 YEARS OCC: HOUSEFWIFE R/O D.NO.1032, ADARSHA LAYOUT BASAVESHARNAGAR BENGALURU – 560 079. 2. SRI KIRAN KUMAR S/O KRISHNAPPA AGED ABOUT 43 YEARS OCC: PRIVATE JOB R/O D NO.1032, ADARSHA LAYOUT BASAVESHARNAGAR BENGALURU – 560 079. …PETITIONERS (BY SMT. SUMANGALI GACHICHINAMATH FOR SRI. GURUDEV I. GACHICHINAMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY MANDYA WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560 001. 2. SMT CHAITRA W/O K N KIRAN AGED ABOUT 34 YEARS R/O NO.737, 14TH CROSS, 3RD BLOCK HMT LAYOUT, NAGASANDRA, BANGALORE AT PRESENT CHIKKAPALYA ARAKERE HOBLI, SRIRANGAPATTANA TALUKA MANDYA DISTRICT. …RESPONDENTS (BY SRI. THEJESH P., HCGP FO R-1; R-2 IS SERVED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3927 CRL.P No. 10978 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.66/2023 BY THE MANDYA WOMEN POLICE STATION, MANDYA SUB-DIVISION, MANDYA FOR THE ALLEGED OFFENCE P/U/S 498A, 323, 324, 504, 506, 114 R/W 149 OF IPC AND SECTION 3 AND 4 OF D.P. ACT PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., S.R.PATNA, MANDYA DISTRICT. 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, petitioners seek the following reliefs: “a) Quash the F.I.R in Cr.No.66/2023 by Mandya Women Police Station, Mandya Sub-Division, Mandya for the alleged offences punishable under Sections 498-A, 323, 324, 504, 506, 114, 149 of IPC and under Sections 3 and 4 of the Dowry Prohibition, Act, 1961 on the file of the Prl. Civil Judge (Jr.Dn) & J.M.F.C Court, S.R. Patna, Mandya District, insofar it pertains to petitioners. b) Grant such other reliefs as this Hon’ble Court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of the petition has chosen to remain unrepresented. - 3 - NC: 2025:KHC:3927 CRL.P No. 10978 of 2023 3. A perusal of the material on record will indicate that respondent No.2 – complainant is the wife of one K.N.Kiran. Petitioner No.1 – accused No.3 is the sister of the aforesaid K.N.Kiran while petitioner No.2 – accused No.5 is the husband of petitioner No.1. The material on record will indicate that petitioner Nos.1 and 2 are not residing with respondent No.2 or aforesaid K.N.Kiran and they have been married more than 15 years and are residing separately. On 20.09.2023, respondent No.2 filed the instant complaint alleging offences punishable under Sections 498A, 323, 324, 504, 506, 114, 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. In this context, a perusal of the allegations made in the complaint will indicate that except making vague, bald, omnibus and sweeping allegations against her husband and all the family members there are no specific allegations of any overtacts said to have been committed by petitioner No.1 – accused No.3 and petitioner No.2 – accused No.5 especially when they both are undisputedly not residing with either respondent No.2 or her husband. Under these circumstances, in the light of the judgment of the Apex Court in (i) Jaydeepsinh Pravinsinh Chavda Vs The - 4 - NC: 2025:KHC:3927 CRL.P No. 10978 of 2023 State of Gujarat – 2024 SCC Online SC 3679; (ii) Kahkashan Kausar alias Sonam and Ors. Vs. State of Bihar and Ors – (2022) 6 SCC 599; (iii) Digambar and Another Vs. The State of Maharashtra and another – (2024) SCC Online SC 3836, in relation to arraigning the in-laws and other family members of the husband in which the Apex Court quashed the proceedings, I am of the considered opinion that the impugned proceedings insofar the petitioners – accused Nos.3 and 5 are concerned deserve to be quashed. 5. Accordingly, I pass following: O R D E R (i) The petition is hereby allowed. (ii) The impugned FIR in Crime No.66/2023 of Mandya Women Police Station, Mandya Sub-Division, Mandya, pending on the file of Prl. Civil Judge & JMFC, S.R.Patna, Mandya District, for the offences under Sections 498(A), 323, 324, 504, 506, 114 r/w 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, stands quashed insofar as the petitioners are concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 31