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2025 DAILYLAW 66875 (KAR)

THIPPESWAMY @ A. R. THIPPESWAMY v. STATE OF KARNATAKA

CRL.P/3604/2024 · 2025-08-21

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.3604 OF 2024 BETWEEN: 1. THIPPESWAMY @ A. R. THIPPESWAMY S/O B V RUDRAPPA, AGED ABOUT 60 YEARS, SRI KANTESHWARA NILAYA, B D ROAD, ADARSHA NAGARA, BEHIND R H FACTORY, CHITRADURGA TOWN, CHITRADURGA - 577 501. 2. SURESH BABU @ A R SURESH, S/O B V RUDRAPPA, AGED ABOUT 63 YEARS, SRI KANTESHWARA NILAYA, 3RD CROSS, J C R EXTENSION EAST, CHITRADURGA TOWN, CHITRADURGA - 577 501. 3. YOGISH A R S/O B V RUDRAPPA, AGED ABOUT 55 YEARS, NO.00, V P EXTENSION, 3RD CROSS, CHITRADURGA TOWN CHITRADURGA - 577 501. 4. SMT. ROJI @ KALAVATHI W/O A R THIPPESWAMY, AGED ABOUT 55 YEARS, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 SRI KANTESHWARA NILAYA, B D ROAD, ADARSHA NAGARA, CHITRADURGA TOWN, CHITRADURGA - 577 501. 5. GERIJAMMA @ GIRIJA G V W/O A R SURESH, AGED ABOUT 55 YEARS, SRI KANTESHWARA NILAYA, 3RD CROSS, J C R EXTENSION EAST, CHITRADURGA TOWN, CHITRADURGA - 577 501. 6. SWETHA @ SHWETHA G C W/O YOGISH A R, AGED ABOUT 52 YEARS, NO.269, V P BADAVANE, CHITRADURGA TOWN, CHITRADURGA - 577 501. 7. KARTHIK @ C S KARTHIK S/O A R SURESH, AGED ABOUT 35 YEARS, SRI KANTESHWARA NILAYA, 3RD CROSS, J C R EXTENSION EAST, CHITRADURGA TOWN, CHITRADURGA - 577 501. 8. RAJASHEKAR @ C T RAJASHEKAR S/O A R THIPPESWAMY, AGED ABOUT 35 YEARS, SRI KANTESHWARA NILAYA, B D ROAD, ADARSHA NAGARA, BEHIND R H FACTORY, CHITRADURGA TOWN, CHITRADURGA - 577 501. 9. HARISH @ C T HARISH S/O A R THIPPESWAMY, - 3 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 AGED ABOUT 30 YEARS, SRI KANTESHWARA NILAYA, B D ROAD, ADARSHA NAGARA, BEHIND R H FACTORY, CHITRADURGA TOWN, CHITRADURGA - 577 501. …PETITIONERS (BY SRI. L. SRINIVASA BABU, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHITRADURGA WOMEN P S, CHITRADURGA, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. TEJASWINI H V W/O VIKAS, AGED ABOUT 27 YEARS, HOUSE WIFE, ADARSHA NAGARA, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1; SRI. DR. REVANNA BELLARY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.32/2024 DATED 19.03.2024 IN CHITRADURGA WOMEN P.S. AND COMPLAINT / STATEMENT IN CR.NO.32/2024 AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 149, 323, 324, 354, 312, 498A, 504, 506 OF IPC AND SEC.3, 4 OF D.P ACT PENDING ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND J.M.F.C COURT CHITRADURGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Respondent No.2 - Complainant has lodged a complaint against her husband - accused No.1 as well as family members for the offence punishable under Sections 149, 323, 324, 354, 312, 498A, 504, 506 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961 on the file of the 1st Additional Senior Civil Judge and JMFC Court, Chitradurga. 2. The petitioners, who are the relatives of the husband of respondent No.2 – complainant, have also been arrayed as accused in connection with the alleged offences, and a crime has been registered against them. Aggrieved by their implication, the petitioners have approached this Court seeking quashing of the proceedings. It is their contention that they are innocent persons, who have been unnecessarily roped into the matrimonial dispute between the husband and wife, - 5 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 though they have no role or connection with the allegations made in the complaint. 3. Today, when the matter was taken up for consideration, learned counsel appearing for respondent No.2 – complainant, on instructions, submitted that respondent No.2 has no objection for quashing of the proceedings insofar as the present petitioners are concerned, as they are only distant relatives of accused No.1 and no grievance survives against them. 4. In view of the fair submission made by the learned counsel appearing for respondent No.2 – complainant, this Court is of the opinion that continuation of proceedings against the petitioners would amount to unnecessary harassment and abuse of process of law. Accordingly, the petition is allowed. The proceedings in Crime No.32/2024 dated 19.03.2024, registered by Women Police Station, - 6 - HC-KAR NC: 2025:KHC:32540 CRL.P No. 3604 of 2024 Chitradurga for the offences punishable under Sections 149, 323, 324, 354, 312, 498A, 504, 506 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of the I Additional Senior Civil Judge and JMFC Court, Chitradurga are hereby quashed insofar as the petitioners are concerned. I.A.No.1/2025 is also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9