- 1 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7984 OF 2022 BETWEEN: 1. MR GOPAL VARMA ORIGINAL NAME AS PER AADHAAR GOPAL KUMAR VERMA, AGED ABOUT 30 YEARS S/O SRI NARAYAN PRASAD HUSBAND OF MRS. SUGANDH PATEL / DEFACTO COMPLAINANT R/AT FLAT NO 5, RESIDENCY #2, VENKATAGIRIYAPPA LAYOUT, BASAVANNA NAGAR HOODI, BENGALURU-560048 (ORDER DATED: 27/01/2025 DELETED) MR. NARAYANA VARMA ORIGINAL NAME AS PER AADHAAR NARAYAN PRASAD S/O LATE SHRI.CHOTTAN PRASAD FATHER IN LAW OF COMPLAINANT AGED ABOUT 53 YEARS 2. MR. GAUTHAM VERMA ORIGINAL NAME AS PER AADHAAR GAUTAM MAHTO S/O SRI NARAYAN PRASAD BROTHER IN LAW OF COMPLAINANT AGED ABOUT 25 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 3. MR. KOMAL VERMA ORIGINAL NAME AS PER AADHAAR KOMAL MAHTO S/O SHRI. NARAYAN PRASAD BROTHER IN LAW OF COMPLAINANT AGED ABOUT 26 YEARS 4. MR. GAURAV VERMA ORIGINAL NAME AS PER AADHAAR GAURAV MAHTO S/O SRI NARAYAN PRASAD BROTHER IN LAW OF MS.SUGANDH PATEL DEFACTO COMPLAINANT AGED ABOUT 19 YEARS ALL ARE R/AT NO 166, WARD NO 06 KARNA CHOUK, RAWAN, BALODA BAZAR CHHATTISGARH-493331 …PETITIONERS (BY SRI. S R SIDDARTHA, ADVOCATE FOR P2 TO P5; V/O DTD: 27.01.2025 P1 IS DISMISSED AS NOT PRESSED) AND: 1. STATE OF KARNATAKA REP BY SHO MARATHAHALLI POLICE STATION BENGALURU-560038 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDAKR VEEDHI, BENGALURU-560001 2. SMT SUGANDH PATEL W/O MR GOPAL VARMA ORIGINAL NAME AS PER ADHAAR GOPAL KUMAR VERMA - 3 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 AGED ABOUT 29 YEARS R/AT ROOM NO 209, 2ND FLOOR, 1RK NEW BUILDING, SAI LUMINIOUS NO 26, 3RD CROSS, SAI BABA TEMPLE ROAD GREEN GARDEN LAYOUT LANDMARK IN FRONT OF JYOTHI'S HOMESTAY WOMEN PG, MUNNEKOLALA BENGALURU-560037 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.ABHIMANYA DEVAIAH, 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 AGAINST THE PETITIONERS NO.1 TO 4 FOR OFFENCES IN CR.NO.121/2022 FILED BY MARATHAHALLI POLICE STATION, BANGALORE ON THE FILE OF THE XXIX ACMM, MAYO HALL, BANGALORE AGAINST ABOVE NAMED PETITIONER/ACCUSED DATED 13.06.2022 FOR THE ALLEGED OFFENCES P/U/S 498A, 341,504,506 AND 34 OF IPC, 1860 AND SEC.3,4 OF D.P ACT, 1860. THIS PETITION, COMING ON FOR FURTHER HEARING, 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 to 5 have filed this petition under Section 482 Code of Criminal Procedure, to quash the criminal proceedings initiated against them in Cr.No.121/2022 for the offences - 4 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 punishable under Sections 498-A, 341, 504, 506 r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. In support of the petition, the petitioners have contended that they are innocent of the alleged offences and have been falsely implicated. Right from the beginning, respondent No.2/complainant was giving threat of calling local police and giving complaint. After the marriage on 28.02.2022, accused No.1 and respondent No.2 went to Goa for honeymoon. Respondent No.2 is addicted to drinking and also consume tobacco. Inspite of request by the accused No.1, she did not control her drinking habit and tobacco consumption. She used to come home drunk with one Navneet Kumar with whom she is having an affair. On enquiry, accused No.1 came to know of her affair. However, respondent No.2 denied the same. It is respondent No.2 who cheated accused No.1 and caused cruelty to him. They hardly stayed together for 75 days. The allegations of demand for dowry are all false. On - 5 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 the basis of omnibus allegations, case is registered against all the accused persons and hence, the petition. 3. Later, learned counsel for petitioners got deleted the name of petitioner No.1/accused No.1 as per order dated 27.01.2025. 4. On the other hand, learned counsel for respondent No.2/defacto complainant and learned High Court Government Pleader representing respondent No.1 State submit that by the time the present petition was filed, already charge sheet was filed and as such petition challenging the FIR is not maintainable. There are sufficient material to proceed against the petitioners. The prosecution is required to be given opportunity to prove the allegations against the petitioners and pray to dismiss the petition. 5. Heard arguments and perused the record. - 6 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 6. Thus, petitioner Nos.2 to 5 are seeking quashing of criminal proceedings initiated against them, contending that respondent No.2 is having an affair and when it was objected to by the accused No.1, she has chosen to file a false complaint making false allegations. 7. It is pertinent to note that this petition is filed on 16.08.2022, challenging the FIR in Cr.No.121/2022. However, the documents produced by respondent No.2 clearly indicate that by that time already charge sheet was filed and therefore petitioners are required to challenge the charge sheet and the petition challenging the FIR is not maintainable and liable to be dismissed. However, the petitioners are at liberty to challenge the charge sheet if so, advised and permissible under law and accordingly the following: ORDER (i) Petition filed by the petitioners/accused Nos.2 to 5 under Section 482 Cr.P.C, - 7 - HC-KAR NC: 2025:KHC:26838 CRL.P No. 7984 of 2022 challenging the FIR in Cr.No.121/2022 is hereby rejected. (ii) However, petitioners are at liberty to challenge the charge sheet if so, advised and permissible under law. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 22