- 1 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13606 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI ANDANI S/O LATE CHANNAIAH AGED ABOUT 52 YEARS, 2. SMT. GANAVI W/O MANU H.N. AGED ABOUT 25 YEARS, 3. SMT. MAMATHA W/O SRI ANDANI AGED ABOUT 48 YEARS, 4. SRI SHRINIVASA S/O LATE C. HONNAIAH AGED ABOUT 50 YEARS, 5. SRI GOWTHAM S.A. S/O ANDANI AGED ABOUT 27 YEARS, 6. SRI MANU C S/O LATE CHANNAIAH AGED ABOUT 42 YEARS, ALL THE PETITIONERS ARE RESIDENTS OF SOMANAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 429. …PETITIONERS (BY SRI HARIPRASAD M.B., ADVOCATE) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 AND: 1. STATE BY THE S.H.O. PANDAVAPURA POLICE STATION, SRIRANGAPATNA SUB-DIVISION, MANDYA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SMT. NINGAMMA W/O SRI NINGAIAH AGED ABOUT 58 YEARS R/O HIRAMARALI VILLAGE, PANDAVAPURA TALUK MANDYA, KARNATAKA-571 434. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R.1; R.2:SERVED) THIE CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS) OF 2023, PRAYING TO QUASH THE FINAL REPORT/CHARGE SHEET FILED BY THE RESPONDENT POLICE IN CRIME NO.65/2024, FIR NO.95/2024, REGISTERED AS C.C.NO.782/2024, FOR THE OFFENCES P/U/S 448, 323, 354, 109, 506, 504 READ WITH 34 OF THE IPC, 1860, ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC, AT PANDAVAPURA, AGAINST THE PETITIONERS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 ORAL ORDER In this petition, petitioners have sought for the following relief:- "WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court be pleased to quash the final report/charge sheet filed by the respondent police in Crime No.:65 of 2024/FIR No.:95 of 2024, registered as C.C.No.:782 of 2024, for the offences punishable U/s.448, 323, 354, 109, 506, 504 read with 34 of the Indian Penal Code, 1860, on the file of the Learned Civil Judge & JMFC, at Pandavapura, against the petitioners, in the interest of justice." 2. Heard learned counsel for the petitioners, learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having been served with the notice of this petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record would indicate that the second respondent - defacto complainant is the mother of one Manu H.N., husband of Smt.Ganavi. The impugned proceedings assailed in the present petition arise out of an FIR in Crime No.65/2024 which is currently pending in C.C.No.782/2024. - 4 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 4. The second respondent-complainant filed the impugned complaint on 23.03.2024 against the aforesaid Ganavi- accused No.2 / petitioner No.2, her parents Andani and Mamatha - accused Nos.1 and 3 and remaining family members accused Nos.4 to 6 for the offences punishable under Sections 109, 506, 504, 448, 323, 354 read with Section 34 of IPC. It is the specific contention of the petitioners that even prior to respondent No.2 filing the impugned complaint against petitioner No.2 and her family members, petitioner No.2 had already filed a complaint on 22.03.2024 against respondent No.2 as well as her husband and others for the offences punishable under Sections 323, 324, 354, 498A, 506, 114, 149 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and consequently, the impugned complaint filed subsequently is nothing but a counter blast which amounts to abuse of process of law as held in the case of Vasanth Kumar B.N. Vs. State of Karnataka and Another - Crl.P.No.10697/2023 dated 28.01.2025. - 5 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 5. As stated supra respondent No.2 has been served and remained unrepresented and has not contested the petition. 6. As rightly contended by the learned counsel for the petitioners, the relationship between the petitioner No.2 and respondent No.2- defacto complainant is not in dispute in as much as petitioner No.2 is none other than the daughter-in-law of respondent No.2 having married her son Sri.Manu. On 22.03.2024 itself the petitioner No.2 filed a complaint against her husband Manu as well as respondent No.2 and remaining family members and relatives by invoking the offence punishable under Sections 323, 324, 354, 498A, 506, 114, 149 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 7. It is also on record and an undisputed fact that subsequent to petitioner No.2 filing the aforesaid complaint, an FIR came to be registered in Crime No.79/2024 dated 22.03.2024 and the second respondent proceeded to file the impugned complaint the next date i.e., 23.03.2024 by way of a counter blast to the complaint already filed by petitioner No.2. Consequently, in the light of the principles enunciated by this Court in Vasanth Kumar's case supra, the continuation of the impugned proceedings would - 6 - HC-KAR NC: 2025:KHC:19613 CRL.P No. 13606 of 2024 amount to abuse of process of law warranting interference by this Court in the present petition. 8. In the result, the following: ORDER (i) Petition is hereby allowed. (ii) The impugned / entire proceedings in C.C.No.782/2024 pending on the file of the Civil Judge and JMFC, Pandavapura arising out of Crime No.65/2024 qua the petitioners, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 3 Sl No.: 21