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2025 DAILYLAW 57147 (KAR)

SRI K SURESH v. STATE OF KARNATAKA

CRL.P/7169/2022 · 2025-07-22

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7169 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI K SURESH S/O LATE A NARAYANA REDDY AGED 62 YEARS R/AT 1955, 19TH A MAIN ROAD, 4TH CROSS, 2ND PHASE, J P NAGAR BENGALURU - 560078 2. SMT. GEETHA K S AGED 58 YEARS W/O SRI K SURESH R/AT 1955, 19TH A MAIN ROAD, 4TH CROSS, 2ND PHASE, J P NAGAR BENGALURU - 560078 …PETITIONERS (BY SRI. T SESHAGIRI RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY HSR LAYOUT POLICE STATION, BENGALURU 2. SMT. BABITHA JANARDANA D/O JANARDANA AGED 28 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 PLOT NO. 1838, 22ND MAIN ROAD, 14TH CROSS, HSR LAYOUT BENGALURU - 560102 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.H.RAMACHANDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.122/2022 OF HSR POLICE STATION ON THE COMPLAINT OF RESPONDENT NO.2 AND ALSO BEING AGGRIEVED BY THE FILING OF THE COMPLAINT FOUND AT ANNEXURE-A & A1 AND 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 Petitioners who are arraigned as accused Nos.2 and 3 have filed this petition under Section 482 of Code of Criminal Procedure, to quash the criminal proceedings initiated against them in C.C.No.28157/2022 (arising out of Cr.No.122/2022 of HSR PS), on the file of XXXVI ACMM Court, Bengaluru, for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. - 3 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 2. In support of the petition, the petitioners have contended that petitioner are the parents of accused No.1. Without conducting preliminary enquiry, the concerned police have registered the case. The allegations made in the complaint are false, frivolous and made after a decree of divorce was granted between respondent No.2 and accused No.1. With an intention to harass, a false complaint is filed. Respondent No.2 and accused No.1 stayed together at USA. After accused No.1 initiated divorce proceedings, respondent No.2 has returned to India. After the marriage, petitioners never stayed with respondent No.2. The continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition. 3. On the other hand learned counsel representing respondent No.2 and learned High Court Government Pleader representing respondent No.1 State submit that complainant is a doctor by profession having done her Masters in Ophthalmology. When she was pursuing Masters - 4 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 degree, her marriage with accused No.1 was fixed. Engagement was held on 04.08.2019 at Fairfield Marriot Hotel, Marathalli Road, Bengaluru. 4. The marriage was celebrated on 12.03.2020 at SBR Palace, Bengaluru. As per the demand of accused persons, marriage was celebrated in a grand manner. Gold jewels worth ₹1 Crore, silver articles worth ₹10 lakhs and a BMW car were given. Since the parents of respondent No.2 are having only two daughters, the accused persons were demanding that 3/4th of their property should be transferred to them. Her parents promised to transfer half share in the property to the respondent No.2 after the marriage of their other daughter. In fact, her parents had to dispose of some property to repay the debts incurred for the marriage expenses. 5. However, the accused persons were not ready to wait till the marriage of their second daughter and insisting on respondent No.2 to get her property from her parents. - 5 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 In this background, they started harassing and ill treating. Respondent No.2. On 01.01.2022, accused No.1 assaulted her causing bleeding injuries. Again on 15.01.2022 at 6.30 p.m, accused No.1 went to the house of parents of respondent No.2 and quarrelled with her. He also pushed her forcefully, abused her in filthy language. He went back to America, assuring to take her within two months, however, after reaching USA, accused No.1 called and informed her that he has taken ex-parte divorce against her, which is illegal. Jewellery worth ₹1,00,00,000/-, silver articles worth ₹10 lakhs, Fortuner car worth ₹35 lakhs are in the custody of accused No.1. He has also sold BMW car given by her father of respondent No.2. 6. Without any alternative complaint is filed. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 3. There is prima facie material to proceed against all the accused persons, including the petitioners. Accused No.1 is evading the process of the Court and pray to dismiss the petition. - 6 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 7. Heard arguments and perused the record. 8. From the material placed on record, it is evident that parents of respondent No.2 are having only two daughters. Respondent No.2 is a Doctor having done her Masters in Ophthalmology. Accused No.1 is an Engineer working in USA. It is alleged that their engagement was held on 04.08.2019 at Fairfield Marriot Hotel in lavish manner as per the demand by the accused persons, followed by their marriage 12.03.2020. It is specifically alleged that as per the demand made by the accused persons, at the marriage, gold jewels worth ₹1,00,00,000/- silver articles worth ₹10 lakhs and a BMW car were given and marriage was performed by spending huge amount. 9. Since the parents of respondent No.2 were having only two daughters, the accused persons were expecting that 3/4th of their property should be transferred. Since the parents of respondent No.2 had incurred a huge debts for performing the marriage, some of the properties were sold and it was promised to the accused persons that after - 7 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 the marriage of the second daughter, 50% of the property would be transferred. Probably realizing that for the marriage of their 2nd daughter, they may sell some more properties, accused persons were not ready to wait and in this background they harassed and ill treated respondent No.2. She was also physically assaulted by accused No.1. Though after the marriage, accused No.1 and respondent No.2 went to USA, the harassment did not stop even after they returned to India. Accused No.1 went back to USA and secured an ex-parte divorce from her. The gold ornaments, silver articles as well as Fortuner car are still with the accused persons. In this background, respondent No.2 has to filed the complaint. 10. Serious allegations are made in the complaint. After thorough investigation, the concerned police filed charge sheet. There is prima facie material to proceed against all the accused persons, including the petitioners. The allegations are required to be proved through a full fledged trial. It is not a case for quashing the criminal - 8 - HC-KAR NC: 2025:KHC:27509 CRL.P No. 7169 of 2022 proceedings against the petitioners and accordingly, the following: ORDER (i) Petition filed by the petitioners/accused Nos.2 and 3 under Section 482 Cr.P.C, is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. In view of disposal of the petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 31