Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14947 CRL.P No. 12923 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.12923 OF 2023 BETWEEN:
1.
NARASIMHAMURTHY K.T, S/O LATE THAMMEGOWDA, 70 YEARS, OCC: RETIRED EMPLOYEE, D NO 737, 14TH CROSS, 3RD BLOCK, HMT LAYOUT, NAGASANDRA, BENGALURU CITY.
2.
SMT. DEVAKI, W/O NARASIMHAMURTHY K.T, D NO.737, 14TH CROSS, 3RD BLOCK, HMT LAYOUT, NAGASANDRA, BENGALURU. …PETITIONERS (BY SMT. SUMANGALA GACHCHINAMATH;
SRI. GURUDEV I GACHCHINAMATH, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA BY MANDYA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01.
2.
SMT. CHAITRA, W/O K.N. KIRAN, AGED ABOUT 34 YEARS, PRESENT ADDRESS:
R/O CHIKKA PALYA
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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NC: 2025:KHC:14947 CRL.P No. 12923 of 2023
ARAKERE HOBLI, SRIRANGAPATTANA TALUKA, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. TEJESH P, HCGP FOR R1;
SRI. SUDHARSHAN L, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF 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 1961 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., S.R.PATNA, MANDYA DISTRICT SO FAR IT PERTAINS TO PETITIONERS.
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-accused Nos. 2 and 4 seek quashing of the impugned proceedings arising out of Crime No.66/2023 registered by the 1st respondent – Police for the offences punishable under Sections 498-A, 323, 324, 504, 506, 114 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act and for other reliefs.
2. Heard learned counsel for the petitioners and learned HCGP for the 1st respondent – State as well as learned counsel for 2nd respondent and perused the material on record.
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NC: 2025:KHC:14947 CRL.P No. 12923 of 2023
3. The material on record discloses that the 2nd respondent – de facto complainant is the wife of one K.N.Kiran whose parents are the petitioners herein who were arraigned as accused Nos. 2 and 4 in Crime No.66/2023, in which, the said Kiran was arraigned as accused No.1, while the remaining family members were arraigned as accused Nos.3 and 5 for the aforesaid offences. In this context, a perusal of the averments made in the impugned compliant and FIR will indicate that except broad, vague, bald and omnibus allegations, no specific instances / allegations of commission of the aforesaid offences by the petitioners who are the parents of accused no.1 are forthcoming in the complaint and FIR and the same are conspicuously absent thereby indicating that the petitioners have been unnecessarily dragged into the alleged matrimonial dispute between the 2nd respondent and her husband, the accused No.1 which is impermissible in law as held by the Apex Court and this Court in various judgments including the case of Digambar & Another vs. State of Maharastra – 2024 INSC 1019 and consequently, the continuation of the impugned proceedings qua the petitioners – accused Nos. 2 and 4 would amount to abuse of process of law warranting interference by this Court in the present petition.
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NC: 2025:KHC:14947 CRL.P No. 12923 of 2023
4. In the result, I pass the following:-
ORDER
(i) The petition is hereby allowed.
(ii) The impugned proceedings arising out of Crime No.66/2023 registered by the 1st respondent – Police for the offences punishable under Sections 498-A, 323, 324, 504, 506, 114 r/w 149 IPC and Sections 3 and 4 of the D.P.Act qua the petitioners – accused Nos. 2 and 4 are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SS/SRL List No.: 1 Sl No.: 1 CT: BHK