- 1 - NC: 2025:KHC:4506 CRL.P No. 12476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12476 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. BASAVARAJA S/O LATE GUDDAPPA AGED ABOUT 35 YEARS R/AT SRINIVASA CAMP MALLANAYAKANAHALLI VILLAGE HARIHARA TALUK DAVANGERE DISTRICT-577 601 2. SMT. GANGAMALAMMA W/O LATE GUDDAPPA AGED ABOUT 35 YEARS R/AT SRINIVASA CAMP MALLANAYAKANAHALLI VILLAGE HARIHARA TALUK DAVANGERE DISTRICT-577 601 …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HONNALI POLICE STATION DAVANAGERE DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4506 CRL.P No. 12476 of 2024 2. MALATHESH S/O BASAPPA AGED ABOUT 37 YEARS R/AT HOLEMADAPURA VILLAGE HONNALI-TALUK DAVANAGERE DISTRICT-577 017 …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; R2 IS SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.5/2019 OF HONNALI POLICE STATION, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, HONNALI IN C.C.NO.993/2019 FOR THE OFFENCE P/US/ 498-A R/W SEC.34 OF IPC. 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 relief: "Wherefore, the Petitioners most respectfully pray that this Hon'ble Court kindly allow this Criminal Petition and quash the entire proceedings in Crime No.5/2019 of Honnali Police Station, pending on the file of Prl. Civil Judge (Jr.Dn.) & JMFC Court, Honnali, in C.C. No.993/2019, for the - 3 - NC: 2025:KHC:4506 CRL.P No. 12476 of 2024 offences punishable U/Sec. 498(A) R/W. 34 of IPC, in the interest of justice." 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 – de facto complainant having been served with notice on this petition has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that petitioner No.1 is the husband of one Chandramma @ Usha, their marriage having been solemnized on 14.05.2015. Subsequently, on 08.01.2019, the second respondent, Malathesh, being the brother of aforementioned Chandramma @ Usha, filed an instant complaint against the petitioner No.1 / accused No.1 - husband as well as five others, including petitioner No.2 / accused No.2, who is none other than the mother of petitioner No.1. 5. In this context, a perusal of the impugned complaint will indicate that apart from the fact that the same has not been filed by the aforesaid wife, Chandramma @ Usha, but by her brother, the impugned complaint does not contain sufficient - 4 - NC: 2025:KHC:4506 CRL.P No. 12476 of 2024 allegations so as to constitute offences punishable against the petitioners under Section 498(A) of the IPC. On the other hand, mere omnibus allegations without giving specific details and material particulars are contained in the impugned complaint and consequently continuation of the impugned proceedings without there being any material to incriminate the petitioner for the alleged offences would amount to abuse of process of law warranting interference with the present petition. 6. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The entire proceeding in Crime No.5/2019 of Honnali Police Station, pending on the file of Principal Civil Judge (Junior Division) and JMFC Court, Honnali, in C.C.No.993/2019, for the offences punishable under Section 498(A) read with Section 34 of IPC, qua the petitioners - accused Nos.1 and 2 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE AM, List No.: 2 Sl No.: 29