- 1 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22640 OF 2025 (GM-RES) BETWEEN: KUMBLE AMRITH PRABHU S/O. SHRI. K. SRINIVAS PRABHU. K, AGED ABOUT 44 YEARS, R/AT A3-172, DLF WESTEND HEIGHTS, BEGUR, AKSHAYANAGAR, BENGALURU -560 068. …PETITIONER (BY MS. RACHANA .M., ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE) AND: ASWININ PADIYAR D/O SHRI. SATISH PADIYAR, AGED ABOUT 40 YEARS, R/AT MANDAVI PRINCE PALACE, NO.106, TOWER B, AMBAGILU, UDUPI - 576 105. …RESPONDENT THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE PROCEEDINGS IN CRL. MISC. 41/2025 IN ANNEXURE - A PENDING ON THE FILE OF THE HONORABLE PRINCIPAL CIVIL JUDGE AND JMFC UDUPI. GRANT AN INTERIM ORDER TO STAY UPON THE PROCEEDINGS CRL. MISC. 41/2225 Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 IN ANNEXURE - A PENDING ON THE FILE OF THE HONORABLE PRINCIPAL CIVIL JUDGE AND JMFC UDUPI AND ETC., THIS W.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition is filed seeking quashing of the proceedings pending in Crl.Misc.No.41/2025 on the file of the learned Principal Civil Judge and JMFC, Udupi. 2. Heard learned counsel for the petitioner. Perused the records. 3. Brief facts of the case are that the respondent- wife has filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Act No.43 of 2005) (hereinafter referred to as ‘the Act’). In the said complaint, the respondent has alleged that the petitioner-husband has completely neglected her and failed to provide for even the basic necessities of life for her and their daughter. Consequently, she has approached - 3 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 the Court seeking, inter alia, an injunction restraining the petitioner from repeating the acts of domestic violence as alleged in paragraphs 1 to 51 of the complaint. Additionally, she has prayed for maintenance of Rs.1,00,000/- per month for herself and Rs.2,00,000/- per month for her daughter. The respondent-wife has also sought prohibitory orders restraining the petitioner from alienating his assets. The said complaint is now pending on the file of the Principal Civil Judge and JMFC, Udupi. 4. The petitioner, in the present petition, seeks quashing of the said proceedings on the ground that the complaint has been filed with an ulterior motive to coerce and pressurize him into accepting the illegal and unreasonable demands of the respondent. It is alleged that the complaint is an abuse of the process of law and is intended solely to harass the petitioner. It is further urged that the marriage between the parties was solemnized about 16 years ago, and they have cohabited as husband and wife for over a decade and a half. Therefore, initiation - 4 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 of proceedings under Section 12 of the Act at this stage is contended to be untenable. The petitioner also contends that the allegations made in the complaint are vague, bald, and frivolous, and thus do not disclose any offence warranting continuation of the proceedings. 5. Having heard the learned counsel for the petitioner and upon a careful perusal of the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, this Court is of the considered view that no case is made out for grant of any interim relief or injunction at this stage. The allegations made by the respondent-wife in the complaint are matters which require adjudication based on evidence and cannot be summarily quashed in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973. 6. The contentions raised by the petitioner including the plea that the complaint is an afterthought, based on vague and unsubstantiated allegations, and filed - 5 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 with an intention to harass the petitioner are defences that the petitioner is at liberty to urge before the Magistrate in the course of the proceedings initiated under Section 12 of the Act. At this preliminary stage, when the matter is yet to go to trial and the factual matrix is contested, this Court cannot undertake a roving inquiry into the veracity of the claims made in the complaint. 7. It is settled law that proceedings under Section 12 of the Act are intended to provide a protective remedy to women facing domestic violence, and such proceedings cannot be interdicted lightly, particularly without any inquiry or verification. Entertaining the petition under Section 482 of Cr.P.C. at this nascent stage, without affording the parties an opportunity to present evidence, would amount to stifling a legally permissible proceeding and may result in miscarriage of justice. 8. Accordingly, this Court declines to interfere with the proceedings at this stage. However, liberty is reserved - 6 - HC-KAR NC: 2025:KHC:29105 WP No. 22640 of 2025 to the petitioner to raise all permissible legal and factual grounds, including those urged in the present petition, before the learned Magistrate in the course of the proceedings initiated under Section 12 of the Act. The learned Magistrate is directed to consider such defences in accordance with law and on their own merits, without being influenced by any observations made herein. 9. For the foregoing reasons, this Court passes the following order. ORDER Reserving liberty to contest the proceedings, the writ petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SPV CT:VS List No.: 1 Sl No.: 30