Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37721 CRL.P No. 8591 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8591 OF 2025 BETWEEN:
RAVI R AGED ABOUT 31 YEARS S/O. RAMAPPA R/AT. NO. DODDAAPUR VILLAGE CHITRADURGA DISTRICT-577555 …PETITIONER (BY SRI: PRASANNA RAO R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY WOMEN POLICE STATION CHITRADURGA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001
2.
SMT. E. SANGEETA W/O RAVI R AGED ABOUT 22 YEARS R/O DODDAPURA GRAMA ANNEHAAL POST, KASABA HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 502 …RESPONDENTS (BY SMT: RASHMI JADHAV, ADDL. SPP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION
Digitally signed by SWAPNA V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37721 CRL.P No. 8591 of 2025
AND QUASH ALL THE PROCEEDINGS IN CRIME NO.22/2023 OF WOMEN POLICE STATION CHITRADURGA SO FAR AS THE ACCUSED/PETITIONER HEREIN ARE CONCERNED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 323,498- A,504 READ WITH SECTION 34 OF IPC AND SECTION 4 OF DP ACT, PENDING BEFORE THE HON'BLE I ASCJ AND JMFC CHITRADURGA IN C.C.NO.973/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed by accused No.1 - husband seeking quashing of the proceedings pending in CC No.973 of 2023 for the offences punishable under Sections 323, 498-A, 504 read with Section 34 of IPC and Section 4 of DP Act.
2. The second respondent lodged a complaint alleging that she was subjected to ill-treatment and harassment at the hands of her husband/accused No.1 as well as her in-laws. Based on the said complaint, Crime No.22/2023 came to be registered. Petitioner/accused No.1, who is the husband, has approached this Court seeking quashing of the proceedings on the principal ground that no independent witnesses have supported the allegation that the petitioner indulged in any unlawful conduct within the Court premises, as alleged in the
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HC-KAR NC: 2025:KHC:37721 CRL.P No. 8591 of 2025
prosecution case. It is further contended that the complaint does not disclose any specific or prima facie substantiated overt act attributable to the petitioner, and therefore, allowing the proceedings to continue even against the husband would amount to an abuse of the process of law.
3. The petitioner/accused No.1 has also relied upon the judgment of this Court whereby the proceedings against the parents and siblings (the in-laws) came to be quashed. It is urged that the allegations against the petitioner/husband rest upon the very same foundation as those made against the in- laws, and hence the benefit of quashing ought to equally extend to him.
4. Per contra, the learned Additional SPP would contend that sufficient material is available on record to justify continuation of proceedings against the petitioner/husband. It is argued that the quashing of proceedings insofar as the in- laws are concerned does not ipso facto furnish a ground to extend the same relief to accused No.1. The learned Additional SPP submits that the allegations against the husband stand on
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HC-KAR NC: 2025:KHC:37721 CRL.P No. 8591 of 2025
a different footing, as the complaint discloses specific acts of cruelty and even physical assault attributed to him.
5. This Court has carefully considered the rival
submissions and examined the material available on record, particularly the complaint lodged by the second respondent. A reading of the complaint prima facie indicates that the wife has narrated a sequence of incidents wherein she has attributed specific overt acts to accused No.1, which also includes an allegation of physical assault said to have occurred within the Court premises. Though the petitioner has seriously disputed the allegation of slapping the wife within the Court hall, such a defence, at this stage, cannot be adjudicated upon in a petition under Section 482 of Cr.P.C. At this juncture, the complaint and the material collected during investigation disclose sufficient grounds to proceed against the husband.
6. The mere fact that the proceedings have been quashed against the in-laws does not enure to the benefit of the petitioner/husband, inasmuch as the allegations against him are qualitatively different and involve specific overt acts attributed personally to him. In the considered opinion of this
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HC-KAR NC: 2025:KHC:37721 CRL.P No. 8591 of 2025
Court, it is a matter to be investigated thoroughly by the jurisdictional police. Interference at this stage, when the investigation is yet to be concluded, would not only stifle the legitimate course of law but would also seriously prejudice the grievance raised by the wife through her complaint.
7. Therefore, this Court is of the opinion that no case is made out to exercise inherent jurisdiction under Section 482 of Cr.P.C. to quash the proceedings at this stage. Without expressing any opinion on the merits of the allegations, the petition stands rejected. The Investigating Officer is at liberty to proceed with the investigation and conclude the same in accordance with law.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
BGN List No.: 1 Sl No.: 20