- 1 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 3406 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. RAGHAVENDRA S. S/O H.C.SWAMY AGED ABOUT 41 YEARS R/AT 12, 1ST FLOOR 5TH MAIN, 6TH CROSS MALLESHPALYA BANGALORE-560 075. PRESENTLY RESIDING AT: NO.33, BBMP NO.104 2ND CROSS, KUVEMPU ROAD VIGNAN NAGAR BANGALORE-560 075. …PETITIONER (BY SRI. P.PRASANNA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER VYALIKAVAL POLICE STATION BANGALORE-560 003. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 2. SMT. DEEPA C. PARVATHI D/O C.P.CHIKKANNA AGED ABOUT 38 YEARS R/AT NO.59, I FLOOR, G.D.PARK EXTENSION VYALIKAVAL BANGALORE-560 003. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. BALASUBRAMANYA B.N., ADVOCATE FOR SRI. PRABHUGOUD B.TUMBIGI, ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH (IN CRIME NO.7/2020, VYALIKAVAL POLICE STATION) CHARGE SHEET IN C.C.NO.11245/2021 PENDING ON THE FILE OF HON'BLE VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE AND DISCHARGE HIM FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT. THIS PETITION COMING ON FOR FURTHER HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner and respondent no.2 got married on 19.08.2013. The petitioner is the husband and respondent no.2 is the wife. Respondent no.2 filed M.C.No.833/2016 seeking divorce from the petitioner on the ground of cruelty. Petitioner also filed a counter claim in the said divorce petition alleging cruelty and desertion against respondent no.2 and he also prayed for divorce. The Family Court dismissed the claim of respondent no.2 and granted divorce on the grounds urged by the petitioner herein by giving a finding that petitioner was subjected to cruelty by his wife, who is respondent no.2 and that the marriage was not consummated due to medical condition of the wife and the wife deserted the husband. The counter claim of the petitioner was decreed on 08.12.2021. It is submitted that an appeal is filed by respondent no.2 which is pending, but no interim order has been granted in favour of respondent no.2 staying the operation of the judgment decree passed by the Family Court. - 4 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 2. In the meanwhile, on 12.01.2020, on the same allegations that respondent no.2 has made in her divorce case, she has filed a complaint before respondent no.1-Police, which has now culminated into C.C.No.11245/2021 pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru which is challenged in the present petition. 3. The case of the petitioner is that, there was no demand for dowry from him. He never subjected respondent no.2 to any cruelty as alleged. It is further submitted that all the allegations made in the complaint have been examined by the Family Court in M.C.No.833/2016 and have been negatived. It is also contended that divorce has been in fact granted in favour of the petitioner on the ground that he was subjected to cruelty and desertion by respondent no.2. It is submitted that as there is already a finding by a Court of competent jurisdiction on the aforementioned issues, the complaint is filed against the petitioner with the sole intention of harassing him and in the process he was taken into custody and has been harassed. For the said reasons, it is prayed that the proceedings in C.C.No.11245/2021 be quashed. - 5 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 4. Learned counsel for respondent no.2 vehemently opposes the contention of the petitioner. Though he admits that M.C.No.833/2016 which has been filed by respondent no.2 on the same grounds as the complaint has been filed by her before respondent no.1-Police, he contends that yardsticks to be adopted in a criminal case and M.C. petitions are altogether different and on the said grounds he prays for dismissal of the petition. However, he admits that M.C.No.833/2016 filed by respondent no.2 has been dismissed and the counter claim of the petitioner has been allowed. 5. Admittedly, the allegations made in M.C.No.833/2016 by respondent no.2 against the petitioner herein are same as the allegations made by her in the complaint before respondent no.1-Police. The Family Court has already negatived her contention and on the contra it has found that the allegation of the petitioner that he was subjected to cruelty and desertion has been upheld. 5. Under the said circumstances, it has to be considered that the complaint made against the petitioner is - 6 - HC-KAR NC: 2025:KHC:47633 CRL.P No. 3406 of 2023 false and is made with the only intention of harassing him, which is nothing but an abuse of the process of law. 5. For the aforementioned reasons, the criminal petition is hereby allowed and the proceedings in C.C.No.11245/2021 pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru against the petitioner herein stand quashed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 13