Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7003 CRL.P No. 12759 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12759 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SMT. THAYIMUDDU W/O. KRISHNA, AGED ABOUT 52 YEARS,
2.
R. KRISHNA S/O. VENKATAPPA, AGED ABOUT 55 YEARS,
3.
GANESHA. A. K.
S/O. KRISHNA. R, AGED ABOUT 27 YEARS,
PETITIONERS NO.1 TO 3 ARE
RESIDING AT ANGADIHALLI VILLAGE, BELURU TALUKU, HAGARE, HASSAN DISTRICT-573 216. …PETITIONERS (BY SRI. MOHAN KUMAR H G.,ADVOCATE) AND:
1.
STATE BY KARNATAKA KADUGONDANA HALLI POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BENGALURU-560 001.
2.
SMT. RAKSHITHA. G W/O. VENKATESH, AGED ABOUT 23 YEARS, R/AT NO. 458, ASHRAYA BADAVANE
B.K. ROAD, SAGARA TALUK
SHIVAMOGGA DISTRICT – 577 401. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 R-2 SERVED BUT UNREPESENTED)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:7003 CRL.P No. 12759 of 2023
THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT POLICE IN CR.NO.243/2023 DATED 03.07.2023 FOR THE OFFENCE P/U/S 3 AN D4 OF D.P. ACT, AND U/S 323, 324, 342, 498A, 506, 504 AND R/W 34 OF IPC, REGISTERED BY THE KADUGONDANAHALLI POLICE STATION, PENDING ON THE FILE OF HONBLE 11TH ADDL. CMM COURT, MAYOHALL, BENGALURU CITY PRODUCED AT 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 petitioners seek the following reliefs:
“a) Quash the FIR registered by the 1st Respondent Police in Crime No.243/2023 dated 03.07.2023 for the offences punishable under Section 3 and 4 of DP Act 1961 and under Sections 323, 324, 342, 498-A, 506, 504 and r/w. 34 of IPC registered by the Kadugondanahalli Police Station, pending on the file of Hon’ble 11th Additional CMM Court, Mayohall, Bengaluru City produced at Annexure-B. b) Pass any other order as this Hon’ble Court deems fit, in the facts and circumstances of the case, including the cost of this petition, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.2 and perused the material on record.
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NC: 2025:KHC:7003 CRL.P No. 12759 of 2023
3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest this petition.
4. A perusal of the material on record will indicate that respondent No.2 is the wife of one Venkatesh and petitioner Nos.1 and 2 are the parents of said Venkatesh, while petitioner No.3 is brother of the aforesaid Venkatesh. On 03.07.2023, respondent No.2-defacto complainant has filed the instant complaint against petitioner-accused Nos.2 to 4 and her husband accused No.1 for the alleged offences punishable under Sections 323, 324, 342, 498-A, 504 and 506 r/w. 34 of IPC
5. In this context, a perusal of the impugned complaint will indicate that except making general, omnibus, vague and bald allegations against the petitioners, who are none other than mother-in-law, father-in-law and brother-in-law of respondent No.2, no specific allegations or material particulars are forthcoming in the impugned complaint. Under these circumstances, having regard to the inherent lack of requisite/necessary particulars and details in the impugned complaint as against the petitioners for the alleged offences, I am of the considered opinion that the
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NC: 2025:KHC:7003 CRL.P No. 12759 of 2023
continuation of impugned proceedings qua the petitioners amounts to abuse of process of law, warranting interference of this Court in the present petition.
6. In the result, I pass the following:
ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Crime No.243/2023 registered by respondent No.1-Police, pending before the 11th Additional CMM Court, Mayohall, Bengaluru City, in so far as the petitioners are concerned, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 19