- 1 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10930 OF 2025 BETWEEN: 1. J. SUKUMAR S/O LATE S.JAYAVELU AGED ABOUT 61 YEARS, R/AT NO.24, Y.G.PALYA, BENGALURU CITY. 2. S. SUSHANTH S/O J.SUKUMAR AGED ABOUT 31 YEARS R/AT NO.24, PADMA NIVAS, NEAR ANJANEYA TEMPLE STREET, Y.G.PALYA BENGALURU- 560 047 …PETITIONERS (BY SRI. V.F. KUMBAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, CENTRAL ZONE, CUBBONPET MAIN ROAD, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. SUPRIYA S.M. W/O SUSHANTH Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 AGED ABOUT 31 YEARS, RESIDING AT NO. 217, 'SURYAPRIYA' ROAD NO.5, DEFENSE LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. VASANTH KUMAR N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.87/2025 REGISTERED BY THE RESPONDENT NO.1 WOMEN POLICE STATION CENTRAL ZONE CUBBON PATE MAIN ROAD, BENGALURU (PREVIOUSLY THE SAID CR.NO.87/2025 IS REGISTERED BY THE WILSON GARDEN POLICE BENGALURU AND THE SAME STANDS TRANSFERRED TO RESPONDENT NO.1 POLICE FOR INVESTIGATION) FOR THE OFFENCES P/U/S 115(2), 3(5), 74, 351, 352 OF BNS, PENDING ON THE FILE OF THE 48TH ADDL. CJM COURT AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the father-in-law and husband of respondent No.2 seeking quashing of the FIR registered in Crime No.87/2025 registered by respondent No.1 for - 3 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 the offence punishable under sections 115(2), 3(5), 74, 351 and 352 of the BNS, 2023. 2. Respondent No.2, wife of petitioner No.2, lodged a complaint before the jurisdictional police alleging that on 24.06.2025, while in the court premises, her father-in-law/petitioner No.1 abused her on the ground that she was filing frivolous complaints, and thereafter assaulted her with his left hand. It is further alleged that petitioner No.1 punched her right shoulder with his left hand, while her husband/petitioner No.2 caught hold of her right wrist and forcibly pulled her, causing her to lose balance and fall to the ground. She claims to have sought medical treatment at Bowring Hospital before lodging the present complaint. Acting on the said complaint, the police have registered Crime No.87/2025 against the petitioners. 3. Learned counsel for the petitioners, reiterating the grounds urged in the petition, submitted that petitioner No.2 and respondent No.2 are already litigating - 4 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 before the Family Court in respect of their matrimonial disputes. Petitioner No.2 has filed a petition seeking dissolution of marriage on the ground of cruelty and mental agony, whereas respondent No.2 has filed a petition for restitution of conjugal rights. In the backdrop of these pending proceedings, it is contended that the present complaint is a concocted and fabricated one, lodged solely with the intention of harassing the petitioners. On these grounds, learned counsel prays that the proceedings in Crime No.87/2025 be quashed. 4. Per contra, learned Additional Special Public Prosecutor, referring to the documents produced by the petitioners themselves at page No.30, submitted that the occurrence of an incident on the said date is not in dispute. It is therefore contended that this is a matter warranting investigation to ascertain whether it was the petitioners who assaulted respondent No.2 or, conversely, whether it was respondent No.2 who abused petitioner No.1 without provocation. - 5 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 5. On a careful perusal of the records, this Court finds that certain foundational facts are not in dispute. Firstly, it is admitted that there was no court sitting on 05.07.2025. Secondly, it is also not in dispute that the petitioners and respondent No.2 were present within the court premises on the said date. Thirdly, the occurrence of an incident on that date is also not seriously disputed. 6. In view of these admitted circumstances, the limited controversy at this stage is as to whether the petitioners assaulted respondent No.2 within the court premises on 05.07.2025, as alleged by her, or whether, conversely, it was respondent No.2 who was the aggressor and abused petitioner No.1 without provocation. These are matters that necessarily require investigation by the jurisdictional police, as they involve disputed questions of fact which cannot be adjudicated in proceedings under - 6 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 Section 482 of the Code of Criminal Procedure at the threshold stage. 7. It is significant to note that the allegations in paragraph No.2 of the complaint contain a specific narration of events and overt acts attributed individually to each of the petitioners. The complainant has further alleged that she was physically assaulted, which is supported by her claim of having sought treatment at Bowring Hospital. In such a factual backdrop, when a woman approaches the police with a complaint of physical assault containing definite and particularised allegations, this Court would be slow to interdict the investigation at the very inception. 8. At this juncture, this Court is not inclined to quash the proceedings. The investigation must be allowed to run its course so that the truth of the allegations and counter-allegations can be ascertained on the basis of evidence collected during the investigation. Without - 7 - HC-KAR NC: 2025:KHC:30344 CRL.P No. 10930 of 2025 expressing any opinion on the merits of the rival contentions, the prayer for quashing the proceedings is rejected. Accordingly, the criminal petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27 CT: BHK