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2025 DAILYLAW 45571 (KAR)

SUSHEELAMMA v. STATE OF KARNATAKA

CRL.P/543/2025 · 2025-02-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8896 CRL.P No. 543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 543 OF 2025 BETWEEN: 1. SUSHEELAMMA W/O. A.M.PUTTALINGAIAH AGED ABOUT 78 YEARS, HOUSEWIFE, R/AT 913, 4TH CROSS, BSK 1ST STAGE, 2ND BLOCK BENGALURU - 560 050 2. PRADEP.P S/O. PUTTALINGAIAH A.M. AGED ABOUT 49 YEARS, R/AT 913, 4TH CROSS, BSK 1ST STAGE, 2ND BLOCK, BENGALURU - 560 050 3. CHANDRAKALA. P. W/O. KRISHNAIAH AGED ABOUT 58 YEARS, HOUSEWIFE, R/AT NO.601, 2ND CROSS, KEMPEGOWDA LAYOUT, BSK 3RD STAGE, KATHRIGUPPE, BENGALURU - 560 85 4. MANU.R W/O. PRADEEP.P AGED ABOUT 38 YEARS, R/AT 913, 4TH CROSS, BSK 1ST STAGE, 2ND BLOCK BENGALURU - 560 050 …PETITIONERS (BY SRI. S.G RAJENDRA REDDY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION BENGALURU, BY STATE PUBLIC PROSECUTOR, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8896 CRL.P No. 543 of 2025 HIGH COURT BUILDING, BENGALURU-560001 2. SMT.SHOBHA.N. W/O. KESHAVAN.P AGED ABOUT 46 YEARS, TEACHER, R/AT 913/39, 4TH CROSS, ASHOKNAGAR, BSK 1ST STAGE, BENGALURU - 560 050 …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL.SPP FOR R-1) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT AND FIR IN CRIME NO.196/2024 OF HANUMANTHANAGAR POLICE STATION, BENGALURU, REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 498(A), 34 OF IPC AND U/SEC. 3 AND 4 OF D.P.ACT, AGAINST THE PETITIONERS, PENDING ON THE FILE OF 37TH ADDL. CMM COURT, BENGALURU CITY. 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 reliefs: “Wherefore, the petitioners most respectfully pray that this Hon’ble Court kindly allow this Criminal Petition and quash the complaint and FIR in Crime No.196/2024 of Hanumanthnagar Police Station, Bengaluru, registered for the offences punishable under Section 498A, 34 of IPC and under Sections 3 and 4 of D.P.Act, against the petitioners, pending on the file of 37th Addl. CMM Court, Bengaluru City, in the interest of justice.” - 3 - NC: 2025:KHC:8896 CRL.P No. 543 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, she has remained unrepresented and has not chosen to contest this petition. 4. A perusal of the material on record will indicate that respondent No.2 is the wife of one Keshavan P and petitioner No.1 is the mother-in-law, petitioner No.2 is the brother-in-law, petitioner No.3 is the sister-in-law and petitioner No.4 is wife of petitioner No.2 of the complainant. On 25.07.2024, respondent No.2-defacto complainant has filed the instant complaint against petitioner- accused Nos.2 to 5 and her husband accused No.1 for the alleged offences punishable under Sections 498A read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 5. In this context, a perusal of the impugned complaint will indicate that except making general, omnibus, vague and bald allegations against the petitioners, who are none other than mother-in-law, brother-in-law, sister-in-law and co-sister of respondent No.2, no specific allegations or material particulars are forthcoming in the impugned complaint. Under these - 4 - NC: 2025:KHC:8896 CRL.P No. 543 of 2025 circumstances, having regard to the inherent lack of requisite/necessary particulars and details in the impugned complaint as against the petitioners for the alleged offences, I am of the considered opinion that the continuation of impugned proceedings qua the petitioners amounts to abuse of process of law, warranting interference of this Court in the present petition. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Crime No.196/2024 registered by respondent No.1-Police, pending before the 37th Addl. CMM Court, Bengaluru City, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 61