- 1 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 12053 OF 2022 (GM-RES) C/W CRIMINAL PETITION NO. 1702 OF 2024 WRIT PETITION NO. 9527 OF 2022 (GM-RES) WRIT PETITION NO. 12052 OF 2022 (GM-RES) WRIT PETITION NO. 28286 OF 2023 (GM-RES) IN WP No. 12053/2022 BETWEEN: S KUSHAL RAJ AGED 36 YEARS, S/O SRI SHANTARAJ R/AT NO.384, GROUND FLOOR, 8TH MAIN, II STAGE, A BLOCK, MALLESHWARAM WEST, BENGALURU-560 055. …PETITIONER (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, BHADRAVATHI OLD TOWN POLICE STATION, BHADRAVATHI TOWN CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT, REPRESENTED BY THE HCGP HIGH COURT OF KARNATAKA BENGALURU-560 001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS 2. SMT.SWETHARANI S.B. AGED 34 YEARS, (W/O MR.KUSHAL RAJ) D/O SRI BETTEGOWDA R/AT ANUGRAHA NILAYA, 2ND CROSS, SIDDARUDA NAGARA, BHADRAVATHI-577 301 SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; SRI.ANURADHA.S.K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO.38/2022, DTD 31.03.2022 OF BHADRAVATHI RURAL POLICE STATION, SHIVAMOGGA DISTRICT ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE (JR. DVN) AND JMFC- 2 AT BHADRAVATHI AT ANNEXURE-F. IN CRL.P NO. 1702/2024 BETWEEN: SHWETHA RANI W/O KUSHAL RAJ AGED ABOUT 34 YEARS, R/AT ANUGRAHA NILAYA, II CROSS BEHIND THE PARK, SIDDAROODHA NAGARA, BHADRAVATHI SHIVAMOGGA DISTRICT-577301 ...PETITIONER (BY SMT. ANURADHA S K, ADVOCATE) AND: 1. STATE OF KARNATAKA THE STATION HOUSE OFFICER - 3 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS SUBRAMANYANAGAR P.S BENGALURU-560 024 REPRESENTED BY SPP HCK, BANGALORE - 01 2. S KUSHAL RAJ AGED ABOUT 35 YEARS, S/O SHANTHARAJ R/AT NO.382, 3RD FLOOR, 8TH MAIN, 2ND STAGE, A BLOCK MALLESHWARAM WEST POST BENGALURU-560055 ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.SATYANARAYANA CHALKE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.2257/2022 PENDING BEFORE THE 32ND A.C.M.M BENGALURU (EARLIER BEFORE ADDL.C.M.M COURT AT BENGALURU) WHICH IS AT ANNEXURE-A. IN WP NO. 9527/2022 BETWEEN: 1. SMT. MANJULA (ACTUALLY KNOWN AS SMT M S RAJARAJESHWARI) AGED 58 YEARS W/O SRI SHANTARAJ R/AT NO 384, GROUND FLOOR 8TH MAIN, II STAGE A BLOCK MALLESHWARAM WEST, BENGALURU-560055 2. SRI M S VIJAYASARATHY AGED ABOUT 51 YEARS - 4 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS S/O LATE M V SIVANANJAPPA R/AT GIRIAMMA, NO 405, GROUND FLOOR 7TH MAIN, II STAGE, A BLOCK MALLESHWARAM WEST, BENGALURU-560055 3. SMT M S SHANTHALA AGED 49 YEARS W/O SRI A DEVABHANU R/AT NO 316(16) ABHISTA NILAYA, 9TH MAIN II STAGE, A BLOCK, MALLESHWARAM WEST BENGALURU-560055 ...PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER BHADRAVATHI OLD TOWN POLICE STATION BHADRAVATHI TOWN CIRCLE BHADRAVATHI, SHIVAMOGGA DIST-577201 REP BY HCGP, HIGH COURT OF KARNATAKA BENGALURU-560001 2. SMT SWETHARANI S B AGED ABOUT 34 YEARS (W/O MR. KUSHAL RAJ) D/O SRI BETTEGOWDA R/AT ANUGRAHA NILAYA, 2ND CROSS SIDDARUDA NAGARA, BHADRAVATHI-577301 SHIVAMOGGA-577201 ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; - 5 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS SMT.ANURADHA.S.K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO.38/2022 DATED 31.03.2022 OF BHADRAVATHI RURAL POLICE STATION, SHIVAMOGGA DISTRICT ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE(JR.DVN) AND JMFC-2 AT BHADRAVATHI AT ANNEXURE-F IN SO FAR AS PETITIONERS CONCERNED. IN WP NO. 12052/2022 BETWEEN: 1. SRI. S. KUSHAL RAJ S/O SRI. SHANTARAJ AGED ABOUT 36 YEARS, R/AT NO. 384, GROUND FLOOR, 8TH MAIN, II STAGE, A BLOCK MALLESHWARAM WEST, BENGALURU-560 055 2. SMT. MANJULA (ACTUALLY KNOWN AS SMT. M.S. RAJARAJESHWARI) AGED ABOUT 58 YEARS, W/O SRI. SHANTARAJ R/AT NO.384, GROUND FLOOR, 8TH MAIN, II STAGE, A BLOCK, MALLESHWARAM WEST BENGALURU-560 055 3. SRI. M.S. VIJAYASARATHY AGED ABOUT 51 YEARS, S/O LATE SRI. M.V. SIVANANJAPPA R/AT GIRIAMMA , NO.405, GROUND FLOOR, 7th MAIN, II STAGE, A BLOCK, MALLESHWARAM WEST BENGALURU-560 055 - 6 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS 4. SMT. M.S. SHANTHALA AGED ABOUT 49 YEARS, W/O SRI. A DEVABHANU R/AT NO.316(16) ABHISTA NILAYA, 9th MAIN, II STAGE, A BLOCK, MALLESHWARAM WEST BENGALURU 560 055 ...PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND: SMT. SWETHARANI S B AGED ABOUT 34 YEARS, (W/O MR. KUSHAL RAJ) D/O SRI. BETTEGOWDA R/AT ANUGRAHA NILAYA, 2nd CROSS, SIDDARUDA NAGARA, BHADRAVATHI 577 301 SHIVAMOGGA 577 201 ...RESPONDENT (BY SMT.ANURADHA.S.K, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-G1 DTD 22.04.2022 IN CRL.MISC.NO.175/2022, PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, BHADRAVATHI ISSUING PROCESS TO SECURE THE PRESENCE OF THE PETITIONERS AND MAINTENANCE ALONG WITH THE ENTIRE PROCEEDINGS. - 7 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS IN WP NO. 28286/2023 BETWEEN: 1. SRI. GURURAJ. D. K. AGED 30 YEARS S/O SRI KEMPEGOWDA R/AT 368, 8TH MAIN, II STAGE, A BLOCK MALLESWARAM WEST BENGALURU 560055 2. SRI. KUSHAL RAJ AGED 37 YEARS S/O SRI SHANTHARAJ R/AT NO 384, 8TH MAIN, II STAGE, A BLOCK MALLESWARAM WEST BENGALURU 560055 3. SMT MANJULA (ACTUALLY KNOWN AS SMT M S RAJARAJESHWARI) (WRONGLY MENTIONED IN THE FIR AS MANJULA GURURAJ) AGED ABOUT 59 YEARS W/O SRI SHANTARAJ R/AT NO 384, 8TH MAIN, II STAGE, A BLOCK MALLESWARAM WEST BENGALURU 560055 ...PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER BHADRAVATHI OLD TOWN POLICE STATION BHADRAVATHI TOWN CIRCLE BHADRAVATHI - 8 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS SHIVAMOGGA DISTRICT 577201 REP BY HCGP, HIGH COURT OF KARNATAKA BENGALURU 560001 2. SMT SHANTHAMMA AGED ABOUT 60 YEARS W/O SRI BETTEGOWDA R/AT ANUGRAHA NILAYA, 2ND CROSS SIDDARUDA NAGARA, BHADRAVATHI 577301 SHIVAMOGGA DISTRICT 3. SHWETHARANI AGED ABOUT 35 YEARS D/O SRI BETTEGOWDA R/AT ANUGRAHA NILAYA, 2ND CROSS SIDDARUDA NAGARA BHADRAVATHI 577301 SHIVAMOGGA DISTRICT ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SMT.ANURADHA.S.K, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO. 179/2023 DTD 18.11.2023 OF BHADRAVATHI OLD TOWN POLICE STATION, SHIVAMOGGA DIST ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (JR DVN) AND JMFC -2 COURT, AT BHADRAVATHI AT ANNX-J. THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 9 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS COMMON ORDER The petitioner in W.P.No.12053/2022, is accused No.1 and petitioners in W.P.No.9527/2022 are accused Nos.2 to 4. They have sought for quashing of the criminal proceedings initiated against them in Cr.No.38/2022 of Bhadravathi Rural PS, Shivamogga District, for the offences punishable under Sections 498-A, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act ('DP Act' for short). 2. The petitioners in W.P.No.28286/2022 are accused Nos.1 to 3. They have sought for quashing of the criminal proceedings initiated against them in Cr.No.179/2023 of Bhadravathi Old Town PS, Shivamogga District for the offences punishable under Sections 420, 504, 506 r/w 34 IPC. 3. The petitioner in W.P.No.1702/2024 is accused No.1. She has sought for quashing of the criminal - 10 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS proceedings initiated against her in C.C.No.2257/2022 on the file of XXXII ACMM, Bengaluru for the offences punishable under Sections 420 and 406 r/w 34 IPC (arising out of Cr.No.56/2021 of Subramanyanagar PS, Bengaluru). 4. The petitioners in W.P.No.12052/2022 are respondent Nos.1 to 4 in Crl.Misc.175/2022 pending on the file of Prl.Civil Judge & JMFC., Bhadravathi. They have sought quashing of proceedings initiated by respondent herein against them under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking various relief. 5. Since the parties in these petitions are common and the facts leading to the filing of petitions are same and involve common discussion, these petitions are clubbed together and disposed off by a common order. 6. Since there are multiple petitions, wherever necessary the parties are referred to by their names with their status prefixed. - 11 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS 7. In support of their petitions, accused Nos.1 to 3 in Cr.No.38/2022 have contended that the marriage of accused No.1 Kushal Raj and defacto complainant Swetha rani was celebrated on 25.11.2020 at Lakshmi Venkateswara Swamy Devasthana, Bengaluru-560078 as per the customs prevailing in Vokkaliga community. They came in contact with each other through Mysuru matrimony. Smt. Shantamma, the mother of Swetha rani is a single parent working as Headmistress in Government High School, her husband having deserted her. Accused No.1 Kushal Raj and his relatives were given to an understanding that it was first proposal of Swetha rani. Since Kushal Raj is her only child, his mother i.e, accused No.3 Smt. Rajeshwari (wrongly shown as Manjula) offered to perform the marriage at the Bengaluru bearing all the expenses. However, Smt.Shantamma offered to contribute to the marriage expenses within her limits. 8. The engagement was to be held at Bhadravathi. Smt.Shantamma, mother of Swetha rani suggested to hold - 12 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS the engagement at Bengaluru. Kushal Raj and Rajeshwari bore engagement expenses. Marriage was also performed at the expenses of Kushal Raj and Rajeshwari. "Beegara oota" was held at Patels Inn Resort, incurring expenses of ₹7,50,000/- and it was borne by Kushal Raj and Rajeshwari. Strangely the relatives, friends or well wishers of Shwetha Rani and her mother did not attend it. After the marriage, Shwetha Rani and Kushal Raj were not invited to the maternal home of the bride for post marriage rituals as per the custom, but the family of Kushal Raj did not mind it. A room was booked at hotel, Sheraton Grande, Bengaluru for the post marriage rituals. For the wedding reception also only 10 to 15 members from the Shwetha Rani side attended. 8.1 Kushal Raj and Shweta Rani went to Wayanad for honeymoon. Shwetha Rani consumed three bottles of beer and demanded alcohol. When refused, she picked up quarrel and fought with Kushal Raj and revealed that earlier she was engaged to a person from Hassan and the - 13 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS gold jewels purchased for the marriage were kept in his house and after coming to know that he was having an affair, the marriage was broken and when he refused to return the jewels, a case was filed and she is fighting a big case in Bhadravathi. Of course, Kushal Raj and his family members were shocked. On 21.02.2021, Shantamma came and took her daughter Shwetha Rani with her without informing Kushal Raj and his family members. 8.2 When Kushal Raj and his family members made enquiry, they came to know that Shwetha Rani was engaged to one Madhu and stayed in hotels and both Shwetha Rani and Shantamma are leading indecent life having several illicit affairs. The father of Swetha rani by name Bette Gowda was running unregistered chit fund business and became defaulter to several individuals. Therefore, Madhu cancelled the marriage, after which Swetha rani filed complaint, alleging rape and other offences in Cr.No.218/2016. In this regard they have also made repeated appearance in making allegations against - 14 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS Madhu and his relatives. Charge sheet is filed in the said case and it was numbered as S.C.No.5010/2019 and in the said case, Shwetha Rani and her mother Shantamma have extracted huge amount, under threat of giving false evidence. Later, after engagement with Kushal Raj, Shwetha Rani turned hostile by collecting huge money. Apparently on 21.02.2021, Shantamma took Shwetha Rani from the residence of Kushal Raj to collect the last payment in order to support Madhu. 8.3 Being cheated, Kushal Raj filed complaint against Shwetha Rani and Shantamma in Cr.No.56/2021 and charge sheet is filed in C.C.No.2257/2022. Since they failed to appear, the Court has taken coercive steps against them. They have secured anticipatory bail. After lapse of more than five months, Shwetha Rani has given false complaint with the Bhadravathi Old Town Police. Kushal Raj has given detailed reply to the concerned police. During his conversation, Shwetha Rani revealed that she had no intention of joining him and she considered Madhu as her - 15 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS husband. The concerned police directed them to approach Family Court for divorce. He also came to know that in the light of the fact that Swetha rani has turned hostile, Madhu is acquitted. The records of the said case reveal that Swetha rani had physical relationship with Madhu and this fact was concealed from Kushal Raj and his family members. He filed M.C.No.1559/2022 for divorce. 8.4 In this background, Swetha rani has filed complaint in Cr.No.38/2022 on 31.03.2022 for the offences punishable under Sections 498A, 504, 506, r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging demand of dowry in the form of cash and gold ornaments and that all the expenses of engagement, marriage, reception were borne by her mother. Challenging the same accused Nos.1 to 4 have filed W.P.No.9527/2022 and W.P.No.12053/2022. 8.5 So far as W.P.No.28286/2023 is concerned, one Guru Raj, Kushal Raj and his mother Rajeshwari have challenged the criminal proceedings initiated in - 16 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS Cr.No.179/2023, which came to be registered based on the complaint filed by Shantamma with Bhadravathi Old Town Police, alleging that when she requested to return of the gold jewel given at the time of marriage, they gave threat to her life. 8.6 Not being satisfied with the same, Shwetha Rani has also filed Crl.Misc.No.175/2022 under Section 12 of the Protection of Women from Domestic Violence Act, seeking various relief. The complaint in Cr.No.38/2022 and proceedings in Crl.Misc.No.175/2022, under the provisions of DV Act are afterthought and counter blast to the complaint and divorce petition filed by Kushal Raj. Continuation of the same would amount to abuse of the process of the Court and hence the petition. 9. So far as Crl.P.No.1702/2024 is concerned, Shwetha Rani, who is petitioner therein has sought for quashing of the criminal proceeding initiated against her in C.C.No.2257/2022 on the file of XXXII ACMM Court, Bengaluru arising out of Cr.No.56/2021, which is registered - 17 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS based on the complaint filed by Kushal Raj against her alleging cheating and other offences. In support of the petition, Shwetha Rani has contended that the fact of her earlier engagement and rape committed by Madhu and pendency of the criminal case was brought to the notice of Kushal Raj and his mother. After coming to know about all her antecedents, they agreed to marry her. The marriage was performed by spending lakhs of rupees, including gold ornaments weighing nearly 800 gms. However, after the marriage making false allegations against her, Kushal Raj has filed complaint and also applied for divorce. He and his mother have refused to return the gold ornaments and other valuables. In this regard complaints have been filed against Kushal Raj and others in Cr.No.38/2022 and Cr.No.179/2023 and they are pending. A petition under the provisions of DV Act is also filed. In the light of the same, the continuation of the proceedings against Shwetha Rani would amount to abuse of the process of the Court and pray to quash the criminal proceedings. - 18 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS 10. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: i) Hasmukhlal D. Vora and Anr. Vs. State of Tamil Nadu (Hasmukhlal D.Vora)1 ii) Salib Alias Shalu Alias Salim Vs. State of Uttar Pradesh and Ors. (Salib)2 iii) Shivalingappa B.Kerakalamatti Vs. State of Karnataka and Anr. (Shivalingappa B.Kerakalamatti)3 iv) Achin Gupta Vs. State of Haryana and Anr. (Achin Gupta)4 11. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that so far as Cr.No.38/2022 is concerned, the allegations made are that there was demand and acceptance of dowry and after the marriage, Shwetha Rani was harassed and ill treated, threat to her life was given, etc. So far as W.P.No.28286/2023 is 1 (2022) 15 SCC 164 2 (2023) 20 SCC 194 3 Crl.P.No.100396/2022 Dt.23.09.2023 4 (2025) 3 SCC 756 - 19 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS concerned, the allegations are that when Shantamma requested the petitioners/accused persons to return the gold ornaments belonging to Shwetha Rani given at the time of marriage, they gave threat and by retaining the said gold ornaments, she was cheated. On the other hand, in Crl.P.No.1702/2024, in which criminal proceedings in C.C.No.2257/2022 are sought to be quashed, the allegations are that the fact of Shwetha Rani being engaged to one Madhu and they had physical relationship and there was allegation of rape and pendency of the criminal case and without disclosing the said fact, she and her mother have cheated the complainant and his family members in getting him married to Shwetha Rani. So far as W.P.No.12052/2022 is concerned, learned counsel representing Shwetha Rani submitted that a petition in Crl.Misc.175/2022 is filed by Shwetha Rani making several allegations and all these cases, a full fledged trial is required and as such these petitions are not maintainable and pray to dismiss the same. - 20 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS 12. Heard arguments and perused the record. 13. The undisputed facts are that the marriage of Kushal Raj and Shwetha Rani was performed on 25.11.2020 at Bengaluru. It was an alliance initiated through Mysuru matrimonial. It is also not in dispute that prior to the marriage of Shwetha Rani with Kushal Raj, she was engaged to one Madhu and the said engagement was broken and she filed a complaint alleging that for the purchase of clothes and jewels for marriage, when Shwetha Rani came to Bengaluru, unexpectedly, Madhu joined them and created circumstances which forced her to stay with him in a hotel room and against her will and consent, he committed rape on her by saying that he is going to marry her. This was repeated several times and ultimately he refused to marry her. So far as Kushal Raj and his family members are concerned, it is alleged that the fact of her earlier engagement, she having physical relationship with said Madhu and ultimate breaking of the engagement and - 21 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS filing of the criminal complaint for rape and other offences was not disclosed to them and this fact came to light during honeymoon when in an inebriated condition, Shwetha Rani divulged them and therefore, he filed a complaint in Cr.No.56/2021 with the Subramanyanagar police, which after detailed investigation ended in filing the charge sheet in C.C.No.2257/2022. 14. So far as Cr.No.38/2022 is concerned, it is alleged that for the marriage, Kushal Raj and his family members demanded and received dowry in the form of cash and gold ornaments. She has sent the dowry amount by account transfer and after Shwetha Rani was sent back to her parental home, Kushal Raj and his family members refused to return the dowry and gold articles and on the other hand, he filed a petition for divorce. The allegations in Cr.No.179/2023 is concerned, it is by Shantamma, the mother of Shwetha Rani that when she went to the house of Kushal Raj to take back gold ornaments, she was given threat. Of course in Crl.Misc.No.175/2022 filed under the - 22 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS provisions of DV Act, Shwetha Rani has alleged domestic violence, including physical, verbal and emotional and economic abuse. 15. In the light of undisputed facts, all the allegations and the counter allegations made against each other, are required to be proved in a full fledged trial. At this stage petitions under the provisions of Section 482 Cr.P.C, the disputed facts cannot be decided. Both parties are required to be given opportunity to prove their respective case and in the light of the evidence that may come on record, the issues are to be decided. In the peculiar facts and circumstances of the case, the citations relied upon by learned counsel for petitioners are not applicable to the case on hand. Therefore, these petitions are not maintainable and liable to be dismissed and accordingly, the following: - 23 - HC-KAR NC: 2025:KHC:33392 WP No. 12053 of 2022 C/W CRL.P No. 1702 of 2024 WP No. 9527 of 2022 AND 2 OTHERS ORDER (i) W.P.No.12053/2022 filed by petitioner/accused No.1 & W.P.No.9527/2022 filed by petitioners/accused Nos.2 to 4, in Cr.No.38/2022 Bhadravathi Rural P.S, W.P.No.28286/2022 filed by petitioners/accused Nos.1 to 3, in Cr.No.179/2023 of Bhadravathi Old Town P.S W.P.No.1702/2024 filed by petitioner/accused No.1, in Cr.No.56/2021 of Subramanyapura P.S, Bangalore and W.P.No.12052/2022 filed by respondent Nos.1 to 4 in Crl.Misc.No.175/2020 on the file of Prl.Civil Judge and JMFC, Bhadravathi are rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 42