- 1 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 2639 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. LOKESH REDDY S/O LATE GOPALA REDDY AGED ABOUT 58 YEARS R/A NO.111, 2DN CROSS 3RD MAIN, L B SHASTRI NAGAR BENGALURU-560037 …PETITIONER (BY SRI. SIJI MALAYIL., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HAL POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE-560001 2. SHRAVANI B REDDY AGED ABOUT 26 YEARS AT NO.40, NEW NO.08 NEAR ANJANEY TEMPLE DODDABANASWADI BENGALURU-560043 …RESPONDENTS (BY SRI.M.R.PATIL., HCGP FOR R-1; SRI. SANTHOSH.B., ADVOCATE FOR R-2) THIS CRL.P IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.52750/2021 AT HAL POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 417, 418, 344, 357, 324, 506, 307, 494, 495, 327, 114 READ WITH 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, NOW PENDING BEFORE THE XXIX ADDL.C.M.M., BENGALURU, ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against him in C.C.No.52750/2021 on the file of XXIX ACMM, Bengaluru, for the offences punishable under Sections 498-A, 417, 418, 344, 357, 324, 506, 307, 494, 495, 327, 114 r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act (arising out of Cr.No.301/2020 of HAL PS). 2. In support of the petition, petitioner has contended that he is innocent of the offences alleged and having a valid and tenable defence. He has been falsely - 3 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 implicated without there being any iota of evidence. There is no prima facie case made against him. The entire complaint is vague, baseless and no specific allegations are made against the petitioner. Without verifying the truth, the concerned police have registered case against him. The alleged offence took place in between 30.10.2020 to 19.11.2020. However, complaint is filed on 19.11.2020 after inordinate delay of 10 days. The allegations also does not constitute any of the offences. Unnecessarily, the parents of accused No.1 are implicated. The mother of accused No.1 is also no more. Petitioner is undergoing surgery. In the above facts and circumstances, continuation of criminal proceedings would amount to abuse of process of the Court and hence, the petition. 3. Learned counsel for respondent No.2 and learned High Court Government Pleader representing respondent No.1 State submit that the marriage of respondent No.2/complainant and accused No.1 was celebrated on 29.10.2020. On the same day first night - 4 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 ceremony was held. Since accused No.1 was drunk, she did not allow him to consummate the marriage. On the next date, she was taken to the matrimonial home. Since on that day also accused No.1 was drunk, she did not allow him to have sexual intercourse. 4. After accused No.2 came to know about it, she and accused No.1 started doing black magic and used to mix ash in her food. When she did not agree to eat such food, they used to assault her. Accused No.1 used to come drunk and assault her. He was also telling her that he is already married to one Jyothi. They were also forcing her to get some business establish for accused No.1. When they tried to kill her and she cried for help, they used to say that complainant is mentally imbalanced. Ultimately, she had to leave the matrimonial home. She was also assaulted with an iron rod and accordingly, filed complaint to take action against accused Nos.1 to 3. Based on the complaint, charge sheet is filed. There is sufficient material - 5 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 also to proceed against the petitioner and pray to dismiss the petition. 5. Heard arguments of both sides and perused the record. 6. Thus, petitioner who is accused No.3 is seeking quashing of the criminal proceedings on the ground that in the entire complaint and charge sheet, there is no evidence to proceed against him and continuation of the criminal proceedings would amount to abuse of the process of the Court. 7. It is pertinent to note that petitioner is no other than the father-in-law of the complainant. Accused No.2 who was the mother-in-law is no more. From the complaint averments, it is evident that even though the marriage of complainant and accused No.1 was solemnized on 29.10.2020, it appears the complainant did not allow accused No.1 to consummate the marriage, making allegations that he used to come drunk. Several - 6 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 allegations are made against accused Nos.1 and 2 alleging that they used to perform black magic, probably thinking that on account some unnatural elements, she is not co- operating for consummation of marriage. Of course, there are allegations against accused Nos.1 and 2 that they were assaulting and abusing her and also ultimately tried to kill her. 8. However, there are no allegations against the petitioner who is the father-in-law of the complainant. In fact his name is added at the end of the complaint, saying that action should be taken against all the accused persons for marrying her to accused No.1 by cheating. As rightly submitted by the learned counsel for the petitioner, it appears since he was not preventing the other accused from harassing the complainant, his name is also included in the complaint. In the light of the fact that there are no specific allegations and overt acts attributed to the petitioner, continuation of the criminal proceedings would - 7 - HC-KAR NC: 2025:KHC:24682 CRL.P No. 2639 of 2022 amount to abuse of process of the Court and as such liable to be quashed and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused No.3 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against petitioner/accused No.3 in C.C.No.52750/2021 on the file of XXIX ACMM, Bengaluru, for the offences punishable under Sections 498-A, 417, 418, 344, 357, 324, 506, 307, 494, 495, 327, 114 r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act (arising out of Cr.No.301/2020 of HAL PS) is hereby quashed. (iii) 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.: 28