- 1 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10907 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI AJIT BADANIDIYOOR BHAT AGED ABOUT 32 YEARS, S/O RAGHAVENDRA BHAT B CUMMINS INC BOX 3005, COLOMBUS CURRENTLY CAMPING AT NO. 3781 SITKA CIR, APT 1135 COLUMBUS, INDIANA 47201, USA ALSO AVAILABLE AT NO. 72/1, 3RD FLOOR, 8TH MAIN DATTATREYA NAGAR, HOSKEREHALLI, BSK 3RD STAGE, BANGALORE-560085 …PETITIONER (BY SRI. C V SRINIVASA, ADVOCATE) AND: SMT DEEPIKA RAO PADUMANNUR AGED ABOUT 31 YEARS, W/O AJIT BADANIDIYOOR BHAT, PERMANENT R/AT NO. 2-79, MUNDYA HOUSE, PUTTUR TALUK, NETTANIGEMUDNOOR, DAKSHINA KANNADA, KARNATAKA-574 313 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 CURRENTLY RESIDENCE AT 171 SRINIVASAN LAYOUT, BSK 3rd STAGE, T G LAYOUT, 4th CROSS ROAD, ITTAMADU, BANGALORE CITY, KARNATAKA-560085 …RESPONDENT (BY SMT.DEEPIKA RAO PADUMANNUR, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.24/2022 PENDING ON THE FILE OF THE HONBLE II METROPOLITAN MAGISTRATE TRAFFIC COURT, BENGALURU REGISTERED AGAINST THE PETITIONER U/S.12 R/W SEC.19(1)(f),(2)(8),20 & 22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is sole accused has filed this petition under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in Crl.Misc.No.24/2022 on the file of II MMTC, Bengaluru, for the offences punishable under Sections 12 r/w 19(1)(f), (2)(8), 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short). - 3 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 2. In support of the petition, petitioner has contended that he and respondent came to know each other through an online platform that provides matrimonial service and agreed to marry. Petitioner is working and residing in USA, while respondent was working and residing at Bengaluru. Petitioner has lost his mother. He and his father made it clear that they have no demand for any dowry and they are only looking for a good and well educated girl with good family background. Their only expectation was that petitioner should have a companion who respect elders and family values and after marriage she would shift to USA and carry on with their marital life. At that time, respondent was working at Harman Connected Services Corporation India Private Limited, Bengaluru as Lead Product Engineer. She has lost her father. Her mother and brother were living at native place. She expressed that she is deeply bound by family values and would treat petitioner's father like her own father. Due to COVID-19, marriage was celebrated on 29.05.2020, at - 4 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 the native place of respondent and attended by only 50 people. 2.1 After the marriage, respondent shifted to her marital home. On the first night she refused to share bed with petitioner stating that she is tired and not in the mood. Though disappointed, petitioner respected her choice and did not pressurize her for consummation of marriage. After the marriage, petitioner was shocked to notice a completely different behaviour and attitude of respondent. She stopped working and went on a rampage demanding undemandable things. She was not doing any household work, like cooking, taking care of the house and not even lent a helping hand. When tried to put some sense into her mind, she would start acting up, shout at the petitioner, throw the TV remote control, cell phones and bang the doors hard. Her aggression was too extreme. Petitioner hoped that she would conduct herself well as the time lapses and she need some time to adjust to the marital home. - 5 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 2.2 However, respondent is a person of suspicious character and cheap mentality. She would call petitioner's friend and family members and enquire whether he had an affair with someone. She would follow him stealthily whenever he went out to buy provisions and also suspect him when he spoke to his female colleagues as part of his work obligations. She used to taunt petitioner in every possible manner and made his life miserable. 2.3 Respondent used to disrespect petitioner's father saying that he is old fashioned man and not upto her standard and that she was earlier getting salary of Rs.1,50,000/- per month and it is below her dignity to be around such a person and it is funny to expect her to treat him with respect, because he is her father-in-law. On the other hand, petitioner's father treated her as his own daughter. Petitioner and his father used to cook food for respondent and take care of her needs. However, she was very rude and mean to them. - 6 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 2.4 Even after few days of marriage, respondent did not co-operate with petitioner for consummation of their marriage. Every time petitioner took a step forward, respondent went away from him stating that it pains her and it needs time to prepare herself for consummation of their marriage. On her suggestion, they went to her rented premises at Jigani which was still not vacated. Though they stayed for 4 days, she did not co-operated for consummation of their marriage. Respondent was in the habit of secretly recording the private conversation she had with petitioner. She is very dominating and used everything to be done according to her likes and dislikes. She used to pick up fight over petty things and blew them out of proportion and created ruckus in the family over trivial reasons. The peaceful atmosphere of the family was spoilt. Petitioner's request with the mother and brother of respondent to advise her did not yield any result. She was not even washing her inner clothes and expected it to be done by petitioner and his father saying that she is a - 7 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 privileged and entitled person and need to be served as a queen. 2.5 Respondent belittled petitioner saying that he makes a beggers' salary and that it is not sufficient for him to take care of her like a queen and she want to lead a lavish life. She often said that she should have married someone else, who is super rich and take care of her luxurious amenities. She often used to pin frick petitioner by saying that he is not making real money as how a person working in USA should make. She under mind petitioner's capabilities and never stood by and supported him as a caring wife. 2.6 Petitioner had to go back to USA on 07.07.2020, as his H1B Visa was expiring on 19.07.2020. Unfortunately, respondent could not travel with him, as there was delay in approval of respondent's H4 Visa due to her disinterest to pursue the Visa appointments. In fact, petitioner used to send expenses by transferring the - 8 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 amount to the account of respondent to make sure that she would not find it difficult. 2.7 After petitioner left to USA, respondent abused petitioner's father stating that she hates to be around old people and that he belongs to old school much against her modern sophisticated attitude. She inhumanly made petitioner's father to do all the household work, including her personal work. 2.8 Respondent wanted to establish a brand called Discover Diva over E-commerce platforms and petitioner supported the same. However, she filed a trademark application in USA in the name of her mother by misusing petitioner's USA address. When petitioner objected to it, she demanded divorce. She did not show any inclination to join the petitioner. She cancelled 4 Visa appointments, though petitioner made all arrangements for her travel and other requirements. Ultimately, she attended the 5th appointment on 20.09.2021 and was issued Visa. However, she failed to join the petitioner. - 9 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 2.9 On the other hand, she was demanding the petitioner to purchase a house in her name at Bengaluru or atleast set up a house on lease. When he did not agree, she used to quarrel with him. Ultimately, on 21.01.2021, respondent left the marital home unceremoniously when petitioner's father was not in the house and shifted to her relative's house. She has taken away all her belongings, including the jewels given by the petitioner's family at the time of marriage and also a gold chain belonging to petitioner's father. She gave threat of filing criminal cases and also claim his entire salary by way of maintenance. 2.10 The conduct of respondent made it clear that she was not interested in leading a marital life and avoiding going to USA. Even though petitioner is a healthy person, respondent suspected him of suffering from various communicable diseases, including HIV, STD, etc. To clear her suspicion, petitioner underwent several tests at USA and also at Victoria Hospital, Bengaluru, which - 10 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 clearly state that he is not suffering from any communicable diseases. Despite the same, respondent was not satisfied. Ultimately, petitioner had to file petition for divorce in M.C.No.6838/2021. When petitioner did not yield to the threats given by respondent about her political contacts, police personnel and anti-social elements, she filed a false complaint in Cr.No.35/2022 of Basavanagudi Womens' Police, Bengaluru for the offences punishable under Sections 498-A IPC and Section 3 and 4 of Dowry Prohibition Act and charge sheet is filed in C.C.No.19072/2022. 2.11 In order to trouble and harass the petitioner, respondent has also filed Crl.Misc.24/2022, under various provisions of DV Act, which is being challenged in the present petition on the following: GROUNDS (i) Petitioner is innocent of the allegations made and has not committed the offences alleged. The proceedings - 11 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 are initiated with a malafide intention and ulterior motive. The proper consideration of facts and circumstances would render allegations leveled in the petition as highly absurd and improbable and they are liable to be quashed. Even where the entire allegations made in the petition are considered on the face value, it does not make out any case for invoking provisions of Section 12 r/w 19(1)(f), (2)(8), 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. The allegations made are vague and ambiguous. (ii) The marriage is not consummated since respondent made allegations against the petitioner of having sexual transmitted diseases. On the insistence of respondent, petitioner got examined himself twice for skin diseases and sexually transmitted diseases (STD) both in USA and in India and despite negative result, respondent did not want to join him. Instead she is demanding a huge money to give divorce and not to file false criminal complaints. There is no material on record even hint at the - 12 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 fact that there was willful conduct on the part of petitioner to cause injury to the health of respondent. In the light of the same, petition under the provisions of DV Act is not maintainable. (iii) Respondent made allegations that petitioner neglected her. However, the watsapp conversation between them clearly indicate that it was respondent who was repeatedly canceling the Visa appointments to avoid traveling to USA. Respondent repeatedly making false allegations causing serious damage to the reputation of the petitioner. Intentionally respondent has not joined the petitioner. She is earning handsome salary from her job. In fact she insisted on petitioner to allow respondent and her mother to give fake address as residents of USA. Respondent is no longer interested in continuing the marriage and making false allegations against the petitioner. In the above facts and circumstances, petitioner was forced to seek divorce in - 13 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 M.C.No.6838/2021. To put her threat into action, respondent approached Basavanagudi Women Police and filed false complaint in Cr.No.35/2022. In the above facts and circumstances, continuation of the criminal proceedings would amount to abuse of the process of the Court and hence, the petition. 3. On the other hand respondent/party-in-person has filed objections stating that the marriage of petitioner and respondent was solemnized on 20.05.2020. Petitioner and his father forced respondent to transfer all her savings, if she has to join the petitioner in US, on the ground that petitioner's father has spent lot of money for his education. She declined to transfer the amount and therefore, petitioner did not make any travel arrangements for respondent. After the marriage, they spent their first night in petitioner's uncle house at Udupi. Since, they were exhausted, they did not engaged in any sexual intercourse. However, from the second day - 14 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 onwards, respondent noticed change in the behaviour. Since there was no privacy for them, she suggested shifting to Bengaluru, but petitioner refused on the ground that his uncle's grandson's naming ceremony is there. However, petitioner did not show any interest in maintaining sexual relations. When she questioned petitioner as to whether he is not interested in continuing marriage, there was no response from him. After this incident, respondent noticed negative change in the behaviour of petitioner and his family members. 4. Heard elaborate arguments of both sides and perused the record. 5. Respondent/Party-in-person filed application under Section 12 r/w 19(1)(f)(2)(8), 20 and 22 of DV Act, seeking various relief contending that the family members of petitioner and respondent came in contact with each other through matrimonial site and after meeting each other and their families, they agreed for the marriage. - 15 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 Their marriage was performed on 29.05.2020 and due to COVID-19, there was restrictions for the number of guests. They spent their first night in the house of petitioner's uncle. Due to exhaustion, they did not indulge in sexual intercourse. They were staying in a room which had no latch and as such no privacy, but petitioner did not mind the same. However, saying that no efforts are taken by the petitioner, she suggested shifting to Bengaluru, but he refused, saying that the naming ceremony of his uncle’s grandson is scheduled and therefore they continue to stay there. During this period, she noticed that petitioner was not interested and participate in maintaining sexual relations and used to be in deep thoughts. This made her to question the petitioner as to whether he is really interested in continuing the marriage. After this incident, she noticed negative change in the behaviour of petitioner. - 16 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 6. After the naming ceremony, they shifted to Bengaluru, for which petitioner blamed her. At Bengaluru, petitioner was working from home till 3 a.m and took refuge under the same, not to have sexual intercourse. Respondent suspected that petitioner is suffering from a certain kind of infection that resembled sexually transmitted disease (STD). On questioning petitioner was offended and decided to leave for America and blamed respondent for the situation. She requested him to get tested and treated so that they could live as a normal couple. Petitioner was aware of his condition and did not inform the respondent before the marriage and thereby dishonestly concealed his medical condition cheated and breached her trust. On the other hand, to blame the respondent and to humiliate tarnished her image, petitioner told the mother of respondent that since the vagina of respondent is very small and therefore he is not interested in engaging in sexual relationship with her and she should do fingering to enlarge the same. Her - 17 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 suggestion for couple counseling was refused by the petitioner. 7. From the 40th day of their marriage, petitioner is staying in US. He has never bothered to take the respondent to USA. He has completely neglected the respondent and ignored her text messages and calls. He has deliberately failed to book the Visa appointments. There is constant harassment and abuse by the respondent and his father. He has taken her Stridhana and forced her to leave the job. When respondent and her brother met with an accident, petitioner did not show any concern. Due to the insensitive attitude and the cruel behaviour of petitioner, respondent is suffering. The request of respondent to the relatives and father of petitioner to intervene did not give any result. After providing all the opportunities to the petitioner to mend his behaviour, ultimately respondent decided to discontinue her marital relationship with the petitioner to - 18 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 protect herself from such cruelty and without any alternative filed the petition under DV Act. 8. The undisputed facts are that petitioner is working in USA under H1B Visa. Respondent was also employed in Harman Connected Services Corporation India Pvt Ltd. They came in contact through the matrimonial website and with mutual consent, entered into marriage, which was held on 29.05.2020. Admittedly, the marriage is not consumed. The petitioner alleged that respondent is not interested in leading a matrimonial life and on the other hand, she is only interested in reaching USA for the purpose of doing business. For this, she has avoided initiation of matrimonial relationship on one or the other pretext and gone to the extent of alleging that petitioner is suffering from sexually communicable diseases, HIV, AIDS and HPV. In order to remove her suspicion, though he has undergone Medical test several times at USA as well as at India, she is not satisfied and ultimately chosen to file - 19 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 criminal complaint and petition under the provisions of DV Act. He has already filed petition seeking divorce. 9. On the other hand the respondent has alleged that she suspect petitioner suffering from some kind of STD and therefore avoided having sexual intercourse with her and in fact, she has advised him to undergo tests. Being offended, he has left to USA and not interested in taking her to USA. 10. In the light of mutual allegations made against each other, it is necessary to examine whether there is any material to substantiate the allegations by the respondent that she is the aggrieved person within the meaning of Section 2 (a) of the DV Act, so as to maintain the petitioner under Section 12 seeking various relief. It is pertinent to note that petitioner is the only child of his parents. His mother has died long back. Therefore, only the petitioner and his father were the members of the - 20 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 family with whom respondent was supposed to live with, at least at Bengaluru. 11. In fact, after the marriage, when the couple shifted to Bengaluru, they stayed in the house of the father of petitioner, who is aged person. When he left to USA, she stayed with the father of petitioner. It is alleged that while respondent stayed in the house of father of petitioner, she was not doing any household work and on the other hand, it was the aged father of petitioner who was cooking and providing food for the respondent. Abruptly, she has left his house by taking a house on rent. The situation was not that of a house consisting of mother- in-law, sisters-in-law and brother-in-law and they troubling or harassing her so as to force her to leave the matrimonial home. Absolutely, no reasons are forthcoming from the respondent as to why she suddenly left the house of her father-in-law and shifted to a rented premises. The undisputed messages exchanged between the petitioner - 21 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 and respondent, on which both of them are relying evidence this fact. 12. In fact, the petitioner has expressed his surprise and in the message stated that she should have atleast intimated him before moving. He has also offered to give immediate help she would need from him, including financial assistance. She has demanded whether he's going to give her Monthly expenses for which he has replied that he would send ₹20,000/- per month till December. 13. The documents placed on record by both parties clearly indicate that five times, the petitioner has fixed the Visa appointment. Though twice it was cancelled by the consulate, due to COVID-19, twice it was cancelled since respondent did not attended the interview. Ultimately Visa was approved at US Consulate Kolkata. The reservations made by the petitioner clearly goes to - 22 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 show that every time he made provision for her travelling and stay in hotels etc. Even after the Visa was granted, the respondent has not chosen to travel to USA and join the petitioner. On the other hand with no justifiable grounds or reasons, she went on postponing her travel and ultimately insisted on the petitioner to come back to India so that she would accompany him. By this time, the relationship between the parties had spoiled and she had also given threat of criminal prosecution. In fact, she has also filed criminal complaint in Cr.No.38/2022 of Basavanagudi Women police station, which ultimately came to be quashed by this Court in Crl.P.No.1803/2023 by Co-ordinate Bench of this Court . 14. It is also relevant to note that time and again, respondent has made allegations that petitioner is having some infection on his back which extend up to his buttock and it appears she has collected some information from online and has come to a conclusion that he is suffering - 23 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 from communicable sexually transmitted disease and blamed the petitioner and insisted on him to consult the Doctors. In fact, the petitioner has consulted the Doctors at the USA and the report state that he is not suffering from any communicable diseases as alleged by the respondent. To satisfy the respondent, the petitioner has also got himself examined at Victoria Hospital, Jain Hospital and the reports indicate that he is not suffering from any skin or sexually transmitted diseases. It is said little knowledge is dangerous. It appears respondent suspecting the petitioner suffering from sexually transported diseases and based on the information collected from websites, blaming the petitioner for her not joining him in US. 15. She has also applied for trademark registration in US by giving the address and phone number of petitioner as the residential address of her mother, even though she is not a US citizen and she never stayed in US, - 24 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 especially at the relevant point of time when the said application was made. 16. In fact, the petitioner has raised objections to it and said that he will not lie to the authorities and it may also jeopardise his claim for citizenship. However, the replies given by the respondent clearly indicate that she wanted petitioner to lie to the concerned authorities saying that her mother is a US citizen and she is residing in the said address. When petitioner refused to oblige, respondent has given him ultimate saying that she want a divorce and if she is unable to come to India, she will apply for mutual consent and it will be sent to him for his signature. She has even gone to the extent of saying that she want to divorce by mutual consent, without any expectations. 17. The manner in which the respondent was conversing with the petitioner and sending the messages - 25 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 clearly indicates that she had scant respect for him. During the conversation at 9:28 p.m, dated 03.11.2020, she said that "you don't know much….be like a buffoon always". When the petitioner objected calling him buffoon so many times, she replied that "because you are. Your mind and face are both not alright". The message dated 03.11.2020 reveal that respondent had blocked the number of petitioner and when he questioned her about it, she admits the said fact and states that "Yes. If I hadn't blocked, it would show double tick on Whatsapp and you get know that I am not picking your call". She also made an allegation that petitioner is having a girlfriend. When petitioner objected for the same, she mock him saying "me telling you have a girlfriend became a big deal for you?" - 26 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 Petitioner had to remind her that it is a serious allegations and without any substance, she is making such allegations. Respondent demand petitioner to share all the documents, the list of which she has sent. When respondent said that he is having the list and she don't have to remind him, she replies arrogantly saying that "don't you show attitude and lecture me. Just do what I tell you to do. Share with me what I asked you". 18. During her conversation dated 03.11.2020, at 10:45 p.m, respondent told the petitioner that "I have the grudge. I don't like talking to you. I will take grudge on everythin. I will take the grudge even if you don't. I don't have any feelings towards you". 19. During her conversation with the petitioner on 04.11.2020 at 9:02 a.m, respondent blame the petitioner that he has left her behind and traveled to US. When he - 27 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 reply saying that he has told her to come to US long back, but she is not coming. She replies saying that "I had some work here and hence didn't come". 20. However, she is not in a position to state what prevented her from going to US. The said conversation reveal that the respondent was waiting for the petitioner to get I–140 Visa and told her mother also. When petitioner questioned respondent, whether it is important for her to join her husband or stay in India and do shopping, she replies that "I cannot do any sacrifices. I like the bachelor life". When questioned, then the marriage was a waste and it was a joke for her, she replies "I didn't know there was this much expectations". Respondent also question the petitioner as to "what are his expectations of her after coming to US". He replies saying that - 28 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 "You have freedom to do what you like. It's up to you how you want to engage Yourself. I will see what I can do. First, you need to come here". She replies saying that "coming there is not important. What to do after coming is. I have income here. I make more money in share market". When petitioner says that "respondent can trade in Indian share market from US also", she replies saying that "I will stay here in India if I am doing Indian share market". When petitioner say that “You asked the other day if you can trade the share market in the night and I said no issues" She replies saying that “so don't expect intercourse from me in that case”. 21. The transcript of conversation between petitioner and respondent dated 07.11.2020 at 1:37 p.m reveal that when petitioner question her regarding coming to US, respondent blatantly stated that "I will not come. I don't like staying with you". - 29 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 When petitioner say that "in that case, he will have to communicate with her elders" She replies saying that "I will not listen to you in life. It is better to get separated. Let us not live together. I will find a house in Whitefield and will live separately". At the end of the conversation, she says "I will think about coming after your I–140 approval. I can't go for emergency appointment". 22. Even the transcript of the conversation between Madhav Bhatta, the paternal uncle of petitioner, respondent and Shivaram, the maternal uncle of respondent, Karthik, the brother of respondent and her mother Sandhya reveal that there was no demand of any dowry by the groom side for the marriage. Respondent express that "I have doubt that he has infection. I don't know what infection it is. Whether it is fungal infection or something else". - 30 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 When the maternal uncle of petitioner question "after the petitioner come to India, whether she is willing to go with him to US", she says "No". When Madhav Bhatta question as to "why she is insisting on him to come to India", she reply saying that "elders want to discuss". She says that "she will not go to US until elders discuss". When it is pointed out to the respondent that "now the elders are discussing, what else to discuss there", she adamantly replies that "Ajit has to come to India". 23. Respondent also state that "I have told Ajit that I don't like to stay in joint family". When Madhav Bhatta points out that "petitioner is only having his father who is also staying in India and it will be she and petitioner alone who would be at US", she replies that - 31 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 "That is our personal thing" meaning he should not question her about it. When Madhav Bhatta points out to her family members that, "she speaks to elders disrespectfully", her paternal uncle Shivaram advised her to "think before opening her mouth". He further demands respondent to clarify "what you are referring as the joint family and what are the terms she accept and what she don't", she is not having any explanation for the same and adamantly reply that "Ajit has to come to India" and when told that it is not possible for the petitioner to come to India immediately and whether she is willing to go there, she says "No I won't go". 24. In fact, Madhav Bhatta, the paternal uncle of petitioner saying that "he has nothing personal against the respondent and he is advising her like a daughter and if she wants peace in life and stay happy, she needs to stop finding - 32 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 faults with everyone and she needs to adjust and stay with petitioner and be supportive". 25. In fact, the transcript of call between petitioner and the mother of respondent dated 06.11.2021 at 8:52 p.m, indicate that when petitioner complain to the mother of respondent saying that "respondent thinks that she is right always and never listen to anyone, even after several people have tried to make her understand", the mother of respondent replies saying that "respondent lives as if she doesn't care". When petitioner tells the mother of respondent that "she threaten him with divorce, police complaint, getting part of his salary after divorce and speaking to the lawyer, etc", the mother of respondent replies that "she only thinks negative". 26. Perusal of the material placed on record clearly indicates that the respondent is not having any intention to join the petitioner and lead a married life. She has made false allegations against the petitioner and filed a - 33 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 criminal case. It came to be quashed. She has also filed the present petition under the provisions of DV Act. The provisions of this act is available to a Woman, who fall under the definition of aggrieved person, who is subjected to domestic violence as defined under Section 3, which reads as follows. "3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it— (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. - 34 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 Explanation I.—For the purposes of this section,— (i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) “verbal and emotional abuse” includes— (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested; (iv) “economic abuse” includes— (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of - 35 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 rental related to the shared house hold and maintenance; (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household." 27. However, the material placed on record clearly indicates that the respondent is not an aggrieved person and there is no domestic violence committed by the petitioner. When the petitioner has not yielded to the pressure tactics of respondent and he has also chosen to file for divorce, she has filed the petition making false allegations. In the above facts and circumstances, the continuation of impugned proceedings against the - 36 - HC-KAR NC: 2025:KHC:32856 CRL.P No. 10907 of 2023 petitioner would amount to abuse of the process of the Court. 28. In the result, the petition succeeds and accordingly the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is hereby allowed. (ii) The entire proceedings in Crl.Misc.No.24/2022 on the file of II MMTC, Bengaluru, for the offences punishable under Sections 12 r/w 19(1)(f), (2)(8), 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 47