- 1 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200021 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. TRILOCHANA S/O ISHWARAPPA SHIROOR, AGE:61 YEARS, OCC: RETIRED TECHNICIAN, BLDE HOSPITAL, 2. SMT. BHAGYASHREE W/O TRILOCHANA SHIROOR, AGE:55 YEARS, OCC: HOUSEHOLD, 3. MAMATA @ PREETI D/O TRILOCHANA AGE:24 YEARS, OCC: STUDENT (M.SC), 4. VINAYAK S/O TRILOCHANA, AGE:27 YEARS, OCC: STUDENT, ALL ARE R/O. JAIN MANDIR, RAM MANDIR ROAD, MATHAPATI GALLI, VIJAYAPURA, DIST. VIJAYAPURA -586101. …PETITIONERS (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 AND: 1. THE STATE THROUGH, KALABURAGI CITY WOMEN POLICE STATION, DIST.KALABURAGI NOW REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585107. 2. MANISHA W/O HARIHAR SHIROOR, AGE:27 YEARS, OCC: HOUSEWIFE, R/O. ADARSH NAGAR, KALABURAGI, DIST. KALABURAGI – 585105. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1 SRI B.C. JAKA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 OF BNSS PRAYING TO EXERCISE INHERENT POWERS U/SEC. 482 CR.P.C EXAMINE THE RECORDS AND QUASH THE FIR AND COMPLAINT IN CRIME NO. 95/2024 OF KALABURAGI CITY WOMEN POLICE STATION, DIST KALABURAGI, FOR THE OFFENCES U/S 498(A), 323, 504, 506 R/W 149 OF IPC U/SEC. 3, 4 OF DOWRY PROHIBITION ACT, IS PENDING ON THE FILE OF I ADDL. CIVIL JUDGE (J.D) AND JMFC COURT AT KALABURAGI, AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Accused Nos.2 to 5 have approached this Court seeking to quash the entire criminal proceedings pending in Crime No.95/2024 of Kalaburagi City Women police station, Kalaburagi, registered for the offences punishable under Sections 498(A), 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of D.P. Act. Factual matrix of the case are that: 2. It is the case of the prosecution that, respondent No.2 married accused No.1 Harihara son of Thrilochana on 15.12.2023. At the time of marriage, her parents paid dowry in the form of gold and cash. After marriage, she was staying in her matrimonial home for one and half months with a good atmosphere. Thereafter, cruelty has been meted out to her by her in-laws in one or the other pretext. She further stated that she had been harassed that she was not fit to be daughter-in- law of the house and she was not good looking etc. 3. In the month of January, 2024, she came to her parents’ house at Kalaburagi. On 04.02.2024 around 4.00 p.m., - 4 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 her husband insisted her to bring five tola gold. When she expressed her inability to give the same, he assaulted her and told her that he would not enter her parents’ house. Further, he took her along with him to Vijayapura to her matrimonial home. In the said house, all the family members have scolded her, threatened her and did not provide any food to her. On 26.04.2024, when her father came to Vijayapura to take her to his house on account of fair, they stated that they are going to break the relationship and scolded her father. Thereafter, her husband put her phone number in the block list and avoided her not even bothered to take her back to matrimonial home. Therefore, she lodged a complaint against all the family members on 23.09.2024. 4. Heard Sri. Avinash A Uploankar, learned counsel for the petitioners and Sri. Gopal Kirshna Yadav, learned High Court Government Pleader for respondent No.1 and Sri. B.C.Jaka, learned counsel for respondent No.2. 5. It is the submission of learned counsel for the petitioners that the petitioners are accused Nos. 2 to 5 and there are omnibus allegations made against the petitioners. No - 5 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 specific allegations regarding cruelty or harassment stated in the complaint. Therefore, the petition has to be allowed and the proceedings against the petitioners has to be quashed. 6. Per contra, learned counsel for respondent No.2 vehemently justified the registration of FIR against the petitioners and he further submitted that registration of FIR based on the complaint is the process where the law set into motion. Detailed enquiry or investigation has to be carried out to determine cruelty and also harassment which she meted out in her matrimonial home. 7. It is further submitted that the FIR is not an encyclopedia. All the facts need not be narrated in the complaint. There are several avenues available in the investigation process to record the statement of the witnesses. Therefore, at this stage, it is not appropriate to quash the proceedings based on the averments of the complaint. 8. Similarly, the learned High Court Government Pleader for respondent No.1 adopted the arguments of learned counsel for respondent No.2 and he prays to reject the petition. - 6 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 9. Having heard learned counsel for the respective parties and also perused the averments of the complaint, it appears from the complaint that though respondent No.2 made elaborate allegations against the husband as regards the petitioners are concerned, omnibus allegations are made out against them who are in laws of respondent No.2. The Hon'ble Supreme Court time and again reiterated that if the allegations are made out against in-laws are omnibus in nature, the petition has to be considered liberally and the proceedings have to be quashed under such circumstances. 10. Having considered the facts and circumstances of the case, in the present case, after having gone through the averments of the complaint, I am of the considered opinion that this is a fit case to exercise power vested under Section 482 of Cr.P.C. to quash the proceedings in order to secure ends of justice. Therefore, the petition deserves to be allowed. 11. In the light of the above, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. - 7 - NC: 2025:KHC-K:2092 CRL.P No. 200021 of 2025 (ii) The entire criminal proceedings pending in Crime No.95/2024 of Kalaburagi City Women police station, Kalaburagi, registered for the offences 498(A), 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of D.P. Act stands quashed. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 68 CT:PK