- 1 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.12815 OF 2023 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO.10965 OF 2023(482(Cr.PC) / 528(BNSS) IN CRL.P.No.12815/2023: BETWEEN: 1. SRI. SHIVASHANKAR R.D. SON OF LATE DASAIAH. M, AGED ABOUT 45 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR III BLOCK, BANGALORE-560 011. 2. SMT. MUNIRATHNAMMA WIFE OF LATE DASAIAH. M, AGED ABOUT 75 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR III BLOCK, BANGALORE-560 011. 3. SMT. DHANALAKSHMAMMA R.D. DAUGHTER OF LATE. DASAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR, BANGALORE-560 011. (SHOWN AS DHANALAKSHMI IN FIR) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 4. SMT. BHAGYALAKSHMAMMA. R.D. DAUGHTER OF LATE. M. DASAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3RD BLOCK BANGALORE-560 011. (SHOWN AS BHAGYAMMA IN FIR) 5. SRI. VENKATESH. R. D. SON OF LATE M.DASAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3RD BLOCK BANGALORE-560 011. 6. SMT. MANJULA VENKATESH WIFE OF SRI. R.D.VENKATESH, AGED ABOUT 45 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3RD BLOCK, BANGALORE-560 011. …PETITIONERS (BY SRI. VENKATESH PRASAD R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MADHUGIRI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 002. 2. SMT. VANI. K. V. DAUGHTER OF VENKATARAMAPPA, AGED ABOUT 32 YEARS, RESIDING AT SIDDAPURA GATE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU - 572 141. …RESPONDENTS (BY SRI. THEJESH P., HCGPF OR R-1; R-2 SERVED BUT UNREPRESENTED) - 3 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.160/2023 MADHUGIRI P.S., ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT, MADHUGIRI, WHICH IS REGISTERED AGAINST THE PETITIONER / ACCUSED NOS.1 TO 6 AND OTHERS FOR THE OFFENCE P/U/S 498A, 494, 34 OF IPC AND U/S 3 AND 4 OF D.P. ACT. IN CRL.P.NO.10965/2023: BETWEEN: 1. SRI. SHASHISHEKHARA, S/O LATE DASAIAH M, AGED ABOUT 50 YEARS, PRESENTLY RESIDING AT 1841 FINCH DR PA19020 UNITED STATES OF AMERICA. 2. SMT RAI DEY WIFE OF SRI SHASHISHEKARA, AGED ABOUT 44 YEARS, PRESENTLY RESIDING AT 1841, FINCH DR PA 19020 UNITED STATE OF AMERICA (WRONGLY SHOWN AS PRIYA AS ACCUSES NO 8 IN THE FIR) ...PETITIONERS (BY SRI. VENKATESH PRASAD R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MADHUGIRI POLICE STATION, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE. 2. SMT VANI K V DAUGHTER OF VENKATARAMAPPA, AGED ABOUT 32 YEARS, RESIDING AT SIDDAPURA GATE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU ...RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1; R-2 SERVED BUT UNREPESENTED) - 4 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 THIS CRL.P. IS FILED U/S.482 CR.P. PRAYING TO QUASH ENTIRE PROCEEDINGS IN FIR IN CR.NO.160/2023 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT, MADHUGIRI WHICH IS REGISTERED AGAINST THE PETITIONER/ACCUSED NO.7 AND OTHER FOR THE OFFENCE P/U/S.498-A, 494, 34 OF IPC AND SEC.3, 4 OF DP ACT 1961. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Both these petitions seek quashing of the impugned proceedings in C.C.No.79/2023 arising out of FIR in Crime No.160/2023 on the file of the Prl. Senior Civil Judge & CJM, Madhugiri. It is a matter of record that the petitioners in Crl.P.No.12815/2023 are arraigned as accused Nos.1 to 6 while the petitioners in Crl.P.No.10965/2023 are arraigned as accused Nos.7 and 8 in the said proceedings, which were initiated pursuant to a complaint dated 23.09.2023 lodged by 2nd respondent, who is the de-facto complainant in both the petitions. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and learned counsel for the respondent No.2 and perused the material on record. - 5 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 3. A perusal of the material on record will indicate that the 2nd respondent – complainant is the wife of Shivashankar, petitioner No.1 – accused No.1 in Crl.P.No.12815/2023 in which petitioner Nos.2 to 5 - accused Nos.2 to 5 are his mother and siblings while petitioner No.6 – accused No.6 is the wife of petitioner No.5. So also, petitioners – accused Nos.7 and 8 in Crl.P.No.10965/2023 are the brother and sister-in-law of the aforesaid Shivashankar. 4. The petitioner No.1 in Crl.P.No.12815/2023 and 2nd respondent got married on 27.04.2018 and no children have been born from out of their wedlock. On 30.10.2019, the petitioner No.1 – husband in Crl.P.No.12815/2023 instituted matrimonial proceedings in MC.No.5780/2019 against the 2nd respondent – wife for a decree for divorce on the ground of cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955. The said petition – proceedings are being contested by the 2nd respondent, who also has instituted proceedings in Crl.Misc.No.1171/2021 against the petitioner No.1 in Crl.P.No.12815/2023 under Section 125 Cr.P.C. before the learned Magistrate, which are also being contested by petitioner No.1 in Crl.P.No.12815/2023 and pending adjudication. - 6 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 Meanwhile, the 2nd respondent filed the instant complaint arraigning not only her husband, the petitioner No.1 but also his mother, siblings and others as accused persons for the offences punishable under Sections 498-A, 494, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, which was registered as an FIR in Crime No.160/2023 dated 23.09.2023. As stated supra, the petitioners in Crl.P.No.12815/2023 are arraigned as accused Nos.1 to 6 while the petitioners in Crl.P.No.10965/2023 are arraigned as accused Nos.7 and 8 in the proceedings. 5. In the first instance, this Court passed interim orders dated 03.11.2023 and 20.12.2023 subsequent to which respondent No.1 filed a charge sheet on 21.12.2023 in C.C.No.79/2023 on the file of the Trial Court and further proceedings were also stayed by this Court vide order dated 05.07.2024. Aggrieved by the impugned proceedings, the petitioners – accused 1 to 8 are before this Court by way of the present petitions and since common questions of law and facts arise for consideration, both the petitions are taken up together and disposed of by this common order. 6. The material on record indicates that it is an undisputed fact that the marriage between the petitioner No.1 and - 7 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 2nd respondent having been solemnized on 27.04.2018, he instituted matrimonial proceedings seeking divorce as long back as on 30.10.2019, which are pending consideration; so also, the 2nd respondent instituted maintenance proceedings under Section 125 Cr.P.C. against petitioner No.1 on 10.12.2021 and it was only on 23.09.2023 that the 2nd respondent filed the instant complaint making allegations not only against the petitioner No.1 but also against the remaining accused Nos.2 to 8. In this context, it is relevant to state that there is an long inordinate and unexplained delay of more than four years on the part of the 2nd respondent – complainant in filing the instant complaint in relation to allegations pertaining to the period commencing from 2018 onwards; further, the 2nd respondent has attempted to drag all the family members and relatives of the petitioner No.1 – husband (in Crl.P.No.12815/2023) by way of the present complaint, that too during the pendency of the matrimonial and maintenance proceedings. 7. 7. A perusal of the complaint averments will clearly indicate that in the back drop of earlier matrimonial and maintenance disputes between petitioner No.1 in - 8 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 Crl.P.No.12815/2023 and 2nd respondent – complainant, the instant complaint filed almost four years after petitioner No.1 in Crl.P.No.12815/2023 instituted matrimonial proceedings in M.C.No.5780/2019 against the respondent is clearly not only an after thought but a counter blast to the said proceedings instituted by petitioner No.1 in Crl.P.No.12815/2023 and during the pendency of the matrimonial and maintenance proceedings. It is also significant to note that there are mutually contradictory, inconsistent and destructive averments / contentions put forth by the 2nd respondent – complainant in the matrimonial proceedings, maintenance proceedings and the impugned complaint, all of which cumulatively indicate that the instant complaint only attempts to put-forth false and frivolous allegations during the pendency of the said earlier proceedings. 8. In view of the aforesaid facts and circumstances and in the light of the undisputed fact that the 2nd respondent filed the instant complaint after almost four years from the time when matrimonial disputes arose between the parties, which are pending adjudication and having regard to the long, inordinate and unexplained delay and latches on the part of the 2nd respondent in - 9 - NC: 2025:KHC:7248 CRL.P No. 12815 of 2023 C/W CRL.P No. 10965 of 2023 filing the instant complaint by unnecessarily arraigning all the family members and relatives of petitioner No.1 in Crl.P.No.12815/2023, I am of the considered opinion that the impugned complaint and proceedings are nothing but an abuse of process of law warranting interference by this Court in the present petition. 9. In the result, I pass the following: ORDER (i) Both Crl.P.No12815/2023 and Crl.P.No.10965/2023 are hereby allowed. (ii) The impugned proceedings in C.C.No.79/2023 arising out of FIR in Crime No.160/2023 on the file of the Prl. Senior Civil Judge & JMFC, Madhugiri, qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS / SV List No.: 2 Sl No.: 79