- 1 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 2070 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 7117 OF 2023 IN CRL.P No. 2070/2023 BETWEEN: 1. RAJU C S/O CHIKKAKUSU, AGED ABOUT 33 YEARS, R/AT UTTANAHALLI VILLAGE, MYSORE TALUK, MYSORE DISTRICT-570010. 2. CHIKKAKUSU @ CHIKKAKUSAIAH S/O LATE KARIGOWDA, AGED ABOUT 71 YEARS, R/AT UTTANAHALLI VILLAGE, MYSORE TALUK, MYSORE DISTRICT-570010. 3. SMT NANJAMMA W/O CHIKKAKUSU @ CHIKKAKUSAIAH, AGED ABOUT 62 YEARS, R/AT UTTANAHALLI VILLAGE MYSORE TALUK, MYSORE DISTRICT -570010. 4. SMT MANJULA W/O CHIKKABEERA @ CHIKKABEERE GOWDA, AGED ABOUT 38 YEARS, R/AT NO. 147, ADAKANAHALLI VILLAGE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 TANDAVAPURA POST, NANJUNGUD TALUK, MYSORE DIST-571302. 5. CHIKKABEERA @ CHIKKABEERE GOWDA S/O LATE CHIKKABEEREGOWDA, AGED ABOUT 47 YEARS, R/AT NO. 147, ADAKANAHALLI VILLAGE, TANDAVAPURA POST, NANJUNGUD TALUK, MYSORE DIST-571 302. …PETITIONERS (BY SRI. VENKATESH H N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS POLICE INSPECTOR, WOMENS POLICE STATION, MYSORE DISTRICT, MYSORE -570001. REP BY SPP. 2. LAKSHMI.K.D W/O MAHESHA.C AGED ABOUT 26 YEARS, KK HOSUR VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.P.PRASANNA KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLIANT FIR IN CR.NO.24/2021 DATED 17.09.2021 VIDE DOCUMENT NO.1 - 3 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 AND 2 RESPECTIVELY, CHARGE SHEET IN C.C.NO.17919/2022 FILED BY THE MYSURU WOMEN POLICE STATION FOR THE OFFENCE P/U/S.498-A,324,327 R/W SEC.3 AND 4 DP ACT VIDE DOCUMENT NO.3 AND ALL FURTHER PROCEEDINGS OF C.C.NO.17919/2022 ON THE FILE OF THE 13th ADDITIONAL CIVIL JUDGE AND JMFC MYSURU AS ABUSE OF PROCESS OF LAW. IN CRL.P NO. 7117/2023 BETWEEN: 1. LAKSHMI W/O LATE MAHESH D/O DEVARAJU AGED ABOUT 25 YEARS RESIDING AT KK HOSURU VILLAGE HOLENARASIPURA TALUK HASSAN, KARNATAKA-573 211 2. DEVARAJU S/O NANJUNDEGOWDA AGED ABOUT 55 YEARS RESIDING AT KK HOSURU VILLAGE HOLENARASIPURA TALUK HASSAN, KARNATAKA-573 211 3. BHARATHI D/O RAMEGOWDA AGED ABOUT 43 YEARS RESIDING AT KK HOSURU VILLAGE HOLENARASIPURA TALUK HASSAN, KARNATAKA-573 211 4. MALLESHA S/O NANJUNDEGOWDA AGED ABOUT 47 YEARS RESIDING ATNO.9, 2ND MAIN LAKKASANDRA, BENGALURU CITY KARNATAKA-560030 - 4 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 5. REKHA W/O MALLESH D/O PUTTAIAH AGED ABOUT 41 YEARS RESIDING AT NO.9, 2ND MAIN LAKKASANDRA, BENGALURU CITY, KARNATAKA-560030 6. SIDDAAPPA S/O JOGISIDDAIAH AGED ABOUT 65 YEARS RESIDING AT REVENUE LAYOUT NR MOHALLA, MYSURU CITY, KARNATAKA-570007 7. CHANDRU S S/O SIDDAIAH AGED ABOUT 28 YEARS RESIDING AT NO.11, SIDDAPPAJI TEMPLE REVENUE LAYOUT, NR MOHALLA, MYSURU CITY, KARNATAKA-570007 8. PRAKASHA S/O SIDDAPPA AGED ABOUT 38 YEARS RESIDING AT NO.21B, GANESHANAGARA, B BLOCK, NR MOHALLA MYSURU CITY, KARNATAKA-570007 ...PETITIONERS (BY SRI. PRASANNA KUMAR P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANJANAGUDU RURAL P S - 5 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 NANJANAGUDU SUB-DIVISION MYSURU DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001 2. CHIKKUSAIAH S/O KARIGOWDA AGED ABOUT 65 YEARS, RESIDING AT ELIGEHUNDI VILLAGE (UTTHANAHALLI VILLAGE) MYSURU TALUK, MYSURU DISTRICT KARNATAKA-570010 ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.VENKATESH.H.N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. QUASH THE IMPUGNED CHARGE SHEET DATED 04.01.2023 IN CR.NO.244/2021 (S.C.NO.158/2023) FILED BY THE RESPONDENT NO.1/NANJANGUDU RURAL POLICE STATION AS AGAINST THE PETITIONER HEREIN/ACCUSED NO.1 TO 8 RESPECTIVELY FOR THE OFFENCE P/U/S.306 R/W SEC.34 OF IPC, WHICH IS PENDING ON THE FILE OF THE HONBLE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU (PRODUCED VIDE ANNEXURE C) AND ETC., THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 6 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 COMMON ORDER These petitions are filed under Section 482 of the Code of Criminal Procedure, to quash of criminal proceedings initiated against the petitioners. 2. In Crl.P.No.2070/2023, petitioners are arraigned as accused Nos.2 to 6. They are seeking quashing of the criminal proceedings initiated against them in C.C.No.17919/2022 on the file of XIII Addl.Civil Judge and JMFC, Mysuru (arising out of Cr.No.24/2021 of Women PS of Mysuru District), for the offences punishable under Sections 498-A, 324, 327 r/w Section 3 and 4 of Dowry Prohibition Act. 3. In Crl.P.No.7117/2023, petitioners are arraigned as accused Nos.1 to 8. They are seeking quashing of the criminal proceedings initiated against them in S.C.No.158/2023 on the file of VII Addl.District and Sessions Judge, Mysuru, arising out Cr.No.244/2021 - 7 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 of Nanjangud PS, for the offences punishable under Section 306 r/w Section 34 IPC. 4. Respondent No.2 in Crl.P.No.2070/2023 is petitioner/accused No.1 in Crl.P.No.7117/2023. She filed a complaint against her husband (accused No.1) and his relatives (accused Nos.2 to 6) alleging harassment and other offences towards demand of dowry. However, subsequently, her husband i.e., accused No.1 committed suicide. In respect of the said incident, his father Chikkusaiah (respondent No.2 in Crl.P.No.7117/2023) filed complaint based upon which charge sheet came to be filed in S.C.No.158/2023. 5. Since the facts leading to the filing of these complaints and parties are common, these two petitions are clubbed together and disposed of by a common order. 6. In support of the petition, petitioners in Crl.P.No.2070/2023 have contended that on account of - 8 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 continued harassment and false accusations made against him and his family members, the husband of respondent No.2 i.e., accused No.1 Mahesha. C, committed suicide by jumping into a canal. This itself goes to show that there was no justification or prima facie case against him and his relatives. According to the respondent No.2 Lakshmi K.D, she left the matrimonial home and was residing with her parents when the complaint was filed. It was the said Lakshmi K.D, her parents and gundas who came from Holenarasipura to the residence of Mahesha. C and assaulted him and his sister Manjula, who was immediately rushed to the Hospital. Thereafter, Lakshmi K.D, has filed a false complaint. The continuation of the proceedings is nothing but abuse of the process of the law. 6.1 Petitioners are innocent and law abiding citizens. Unable to bear the humiliation, Mahesha. C, committed suicide. There are no allegations that petitioners have used chopper and club to assault Lakshmi K.D and the - 9 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 charge sheet also does not refer to any injury certificate. No weapons are seized. It is the petitioners and accused No.1 who are the victims at the hands of Lakshmi K.D and her family members. In the complaint filed against Lakshmi K.D and others, they are facing trial in Cr.No.244/2021. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition. 7. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: (i) Latheefmiyan Vs. State of Karnataka (Latheefmiyan)1 (ii) Murali & Anr. Vs. State of Kerala (Murali)2 (iii) Atul Kumar Vs. State of NCT of Delhi and Anr. (Atul Kumar)3 (iv) Puthiya Purayil Shaji Vs. State of Kerala (Puthiya Purayil)4 (v) Prakash & Ors. Vs. State of Maharashtra and Anr. (Prakash)5 1 ILR 2007 KAR 105 2 2024 SCC Online KER 3301 3 2021 SCC Online Del 4107 4 2025 SCC Online KER 3471 - 10 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 (vi) Shenbagavalli & Ors Vs. Inspector of Police, Kancheepuram District and Anr.(Shenbagavalli)6 (vii) Nipun Aneja & Ors. Vs. State of UP (Nipun Aneja)7 (viii) Mohit Singhal & Anr. Vs. State of Uttarakhand & Ors. (Mohit Singhal)8 (ix) Kanchan Sharma Vs. State of UP and Anr.(Kanchan Sharma)9 (x) M.Arjunan Vs. State (M.Arjunan)10 (xi) Madan Mohan Singh Vs. State of Gurjarat and Anr. (Madan Mohan Singh)11 (xii) Amalendu Pal Vs. State of West Bengal (Amalendu Pal)12 8. On the other hand petitioners in Crl.P.No.7117/2023 have contended that the charge sheet and order taking cognizance suffer from perversity and illegality and as such liable to be quashed. There is no application of mind by the Sessions Court. The charge sheet does not disclose any cognizable offence. The 5 2024 SCC Online SC 3835 6 2025 SCC Online SC 987 7 2024 SCC Online SC 4091 8 (2024) 1 SCC 417 9 (2021) 13 SC 806 10 (2019) 3 SCC 315 11 (2010) 6 SCC 628 12 2010 (1) SCC 707 - 11 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 criminal proceedings are initiated only to harass the petitioners. Both committal Court and Sessions Court have failed to appreciate the same. It is alleged that the Mahesh C the husband of petitioner No.1 Lakshmi K.D committed suicide as several cases were filed against him. Having recourse to the legal remedy would not amount to instigating the person to committe suicide. On the other hand it was Mahesh C and his family members harass Lakshmi K.D for which several cases were filed. 9. There are no overt acts attributed against the petitioners to hold that because of which Mahesh C committed suicide. there is no nexus between his death and the alleged act of instigation. The detailed scrutiny of the material placed in the charge sheet indicate that, there are no prima facie material to attract ingredients of Section 306 of IPC. There is time gap of 25 days between Lakshmi K.D filing the complaint and Mahesh. C committing suicide. There are no material to show that the circumstance where such that he was not left with the - 12 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 alternative but to commit suicide. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition. 10. On the other hand learned High Court Government Pleader would submit that after conducting the detailed investigation, in both cases charge sheet came to be filed which makes of strong prima facie case. Disputed facts cannot be decided in a petition under Section 482 Cr.P.C and pray to dismiss both petitions. 11. Heard arguments and perused the record. 12. The marriage of Mahesh. C and Lakshmi K.D was performed about 2 1/2 years prior to the filing of complaint dated 17.09.2021. They are having a son. Long before the said complaint was filed, Mahesh. C issued legal notice dated 08.06.2020, alleging that at the time of marriage dated 03.12.2018, there was no demand for any dowry. She lived happily only for a period of 3-4 months. After about 8 months, the uncle of Lakshmi K.D brought - 13 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 gundas and assaulted Mahesh. C and his parents. Lakshmi K.D was not taking care of her parents-in-law and panchayaths were held 4-5 times without any result. She was not allowing any of his relatives to visit his house and gave threat of committing suicide. There was also allegations of Lakshmi K.D having illicit relationship with one Ravi. She was forcing Mahesh. C to set up a separate residence. During May 2019, without any justifiable reasons, Lakshmi K.D. left the matrimonial home along with the child and is not leading marital life. Therefore, Mahesh. C was intending to take divorce and accordingly, giving the notice. 13. Only after, the said notice was issued, Lakshmi K.D. has chosen to file the complaint, which appears to be an afterthought. The petitioners are the brother-in-law, parents-in-law and sister-in-law of her husband. The complaint is clearly an afterthought and as such continuation of the criminal proceedings would amount to - 14 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 abuse of the process of the Court and therefore liable to be quashed. 14. So far as Crl.P.No.7117/2023 is concerned, this is an unfortunate case, wherein after Lakshmi K.D, along with the child left the matrimonial home and chosen to file complaint, he has chosen to commit suicide. He has left a death note blaming his wife Lakshmi K.D, her mother, Uncle, aunt and also the broker, who mediated the alliance between him and Lakshmi K.D and also the two sons of broker as responsible for his death. Even though from the contents of the death note, it could be held that on account of the matrimonial discord, deceased was disturbed and probably the criminal case was also coming in the way of his employment, he chose to end his life. However, the same cannot be a ground to proceed against the petitioners for the offence punishable under Section 306 IPC. Therefore, continuation of the proceedings would amount to abuse of process of the Court and as such liable to be quashed and accordingly, the following: - 15 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 ORDER (i) Crl.P.No.2070/2023 filed by petitioners/ accused Nos.2 to 6 and Crl.P.No.7117/2023 filed by petitioners/accused Nos.1 to 8 under Section 482 Cr.P.C are allowed. (ii) The criminal proceedings in C.C.No.17919/2022 on the file of XIII Addl.Civil Judge and JMFC, Mysuru (arising out of Cr.No.24/2021 of Women PS of Mysuru District), for the offences punishable under Sections 498-A, 324, 327 r/w Section 3 and 4 of Dowry Prohibition Act is hereby quashed. (iii) The criminal proceedings in S.C.No.158/2023 on the file of VII Addl.District and Sessions Judge, Mysuru, arising out Cr.No.244/2021 of Nanjangud PS, for the offences punishable under - 16 - HC-KAR NC: 2025:KHC:34555 CRL.P No. 2070 of 2023 C/W CRL.P No. 7117 of 2023 Section 306 r/w Section 34 IPC is hereby quashed. (iv) 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.: 46