- 1 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 16029 OF 2023 (GM-RES) BETWEEN: 1. SMT SHAHEEN BEGUM W/O SRI RAFEE AHAMED AGED ABOUT 64 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. SRI RAFEE AHAMED S/O SRI G.K.ALTHAF HUSSAIN, AGED ABOUT 66 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) PETITIONER NO.1 AND 2 ARE R/AT BEHIND RAMESHWARA TEMPLE UPPALLI, CHIKKMAGALURU-577 101 3. SRI SHUHABUDDIN S/O SRI G K ALTHAF HUSSAIN AGED ABOUT 53 YEARS NO.1740, KUMARASWAMY LAYOUT 1ST STAGE, NEAR SAGAR HOSPITAL, J P NAGAR, BENGALUR-560 078 4. SMT SUHANA ZUMRA W/O SRI MUDABBIR SHABAZ AGED ABOUT 29 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 5. SRI MUDABBIR SHABAZ S/O ABDUL REHMAN AGED ABOUT 37 YEARS PETITIONER NO.4 AND 5 ARE R/AT HOSALLIPET POST, CHIKKAMAGALURU-577 130 …PETITIONERS (BY SRI. MANJUNATH PRASAD H N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMANS POLICE STATION, EAST ZONE BENGALURU-560 005 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001 2. SMT SYEDA RUBIA NAZ W/O SRI SAKHIB HUSSAIN D/O SYED GHOUSE PEER AGED ABOUT 30 YEARS R/AT NO.1, 1ST MAIN, CHINNANA LAYOUT R T NAGAR POST, KAVAL BYRASANDRA BENGALURU-560032 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.SHARATH.J.M, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH THE FIR NO. 0103/2023 DTD 05.07.2023 ON THE FILE OF 6TH ACMM BENGALURU IN SO FAR AS IN RELATES TO PETITIONER AS CONCERNED PRODUCED AT ANNX-A. - 3 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 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 Petitioners who are arraigned as accused Nos.2 to 6 have filed this writ petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure to quash the criminal proceedings in Cr.No.103/2023 of East Zone Women Police Station, Bengaluru city, for the offences punishable under Sections 498-A, 504, 506 r/w Section 34 of IPC, Sections 3 and 4 of Dowry Prohibition Act ('DP Act' for short). 2. In support of the petition, the petitioners have contended that accused Nos.2 and 3 are the parents, accused Nos.5 and 6 are the sister and brother-in-law of accused No.1. Accused No.4 is the brother of accused No.2. Accused No.4 is resident of Bengaluru. Accused Nos.5 and 6 are residing separately. - 4 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 3. The marriage of complainant and accused No.1 was performed on 12.02.2023. After the marriage, she stayed in the matrimonial home at Chikkamagaluru only for 2 days. Accused No.1 filed O.S.No.14/2023 on 06.04.2023 for divorce and return of gold ornaments given to the complainant. She has appeared through advocate. In this background on 05.07.2023, complainant has filed undated complaint making false allegations. The concerned police without making an enquiry have registered the complaint. 4. The complaint is malafide and motivated and filed as a counterblast to O.S.No.14/2023. There are omnibus allegations against the petitioners which are prima facie false. As a pressure tactics petitioners are being implicated and hence the petition. 5. In support of his arguments, learned counsel for petitioners has relied upon the decision in Ghanshyam - 5 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 Soni Vs. State (Govt. of NCT of Delhi) and another (Ghanshyam Soni)1. 6. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that the marriage of accused No.1 and respondent No.2 was celebrated by spending more than Rs.20 lakhs. The accused persons demanded Rs.10 lakhs to take a house on lease and all household furnitures and gadgets. Gold ornaments worth Rs.25 lakhs were given to the bride and gold ornaments worth Rs.2 lakhs were given to accused No.1. Within 2 days of marriage, the accused persons harassed and ill treated her. They demanded that her ATM cards, passbooks should be handed over to them and she would not be allowed to use her money. She should consume food as directed by them. Accused No.1 used to beat her and the entire family members abused her. When her parents with relatives approached the accused 1 Crl.A.No.2894/2025 dated 04.06.2025. - 6 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 persons, they demanded to purchase a new house, new car at Bengaluru. Her parents are unable to meet the demand of the petitioners and hence, the complaint. There are prima facie material to proceed against petitioners and pray to dismiss the petition. 7. Heard arguments and perused the record. 8. The petitioners who are parents, maternal uncle, sister and brother-in-law of accused No.1 are seeking quashing of criminal proceedings initiated against them on the ground that after the marriage, complainant stayed with accused No.1 in the matrimonial house only for a period of two days and left. After accused No.1 choose to file suit seeking divorce, she has chosen to file a false complaint, making false and omnibus allegations against the petitioners. Accused Nos.4 and 5 are the married daughter and son-in-law of accused Nos.2 and 3 and they are living separately. Accused No.4 is no other than the maternal uncle of accused No.1. Respondent - 7 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 No.2/complainant has not even spared him and included his name in the complaint. 9. The marriage of accused No.1 and complainant took place on 12.02.2023 and within a period of four odd months, respondent No.2 has chosen to file complaint. She has alleged that on the very next day of the marriage, the accused persons abused and assaulted her and demanded dowry in the form of ₹10 lakhs in cash, a new house, car to be purchased for accused No.1 etc. They demanded respondent No.2 to handover her ATM card, passbook and that her income should be handed over to them. 10. It is pertinent to note that accused No.1 has filed O.S.No.14/2023 against respondent No.2 on 06.04.2023, seeking decree of divorce. In the plaint, it is averred that respondent No.2 is not allowing accused No.1 to have physical relationship with her and after this fact came to the notice of accused Nos.2 and 3, being the - 8 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 parent of accused No.1 and also the parents of respondent No.2, they advised her. Without any rhyme or reason, she left the matrimonial home and staying with her parents. 11. After service of summons, respondent No.2 has appeared before the trial Court and filed application under Order VII Rule 11 CPC to reject the plaint. The Family Court has allowed the application and rejected the plaint. Therefore accused No.1 has to send notice of the Talaq by way of Talaq-e-Hasan by pronouncing the first Talaq. It is pertinent to note that respondent No.2 is also working as a Engineer. She is aged 31 years and it appears she is not interested in continuing in the matrimonial home and chosen to file complaint within six months of her marriage. There are no allegations in the complaint that any conciliation was held and respondent No.2 had shown any inclination to join the matrimonial home. 12. Anyhow, fact remains that there are no specific allegations against the petitioners except omnibus - 9 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 allegations. Accused Nos.4 and 5 are the married daughter and son-in-law of accused Nos.2 and 3. Accused No.4 is the brother of accused No.3. Respondent No.2 has chosen to file complaint only after accused No.1 has taken steps to seek a decree of divorce. In the absence of any specific allegations and having regard to the fact that respondent No.2 lived for a very short period in the matrimonial home and left to her parents home and living therein, prima facie, there are no material to proceed against the petitioners and continuation of the criminal proceedings against them would amount to abuse of the process of the Court and as such the same is liable to be quashed and accordingly the following: ORDER (i) Petition filed by the accused Nos.2 to 6 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against the petitioners/accused Nos.2 to 6 in - 10 - HC-KAR NC: 2025:KHC:28435 WP No. 16029 of 2023 Cr.No.103/2023 of East Zone Women Police, Pulakeshinagar Sub-Division, Bengaluru City, for the offences punishable under Sections 498-A, 504, 506, r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 49