- 1 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8385 OF 2025 BETWEEN: 1. SRI. MAGENDIRAN K S/O LATE KATHIRVEL, AGED ABOUT 49 YEARS, R/O NO.2/351, 1ST STREET, KAPPUR, KANDIGAI, NOCHILI, TIRUVALLUR DISTRICT-631202 TAMIL NADU. 2. SMT. SAVITHRAMMA K W/O KATHIRVEL, AGED ABOUT 68 YEARS, R/O KAPPUR KANDIGAI VILLAGE, PALLIPATTU, NOCHILI POST, TIRUVALLUR DISTRICT-631202 TAMIL NADU. 3. SMT. K. KANAKAVALLI W/O K. JAYARAM SETTI, AGED ABOUT 54 YEARS, R/O 4-102, PALLASAMUDRAM, GUNDUBAVI INDLU, NELLORE MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517599. 4. SMT. K. SHANTHI W/O N. JAYAVELU, AGED ABOUT 45 YEARS, R/O 1/165, SCHOOL STREET, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 VTC KATPADI, VELLORE DISTRICT, TAMIL NADU-632204. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, RAJAGOPAL NAGARA POLICE STATION, BENGALURU-560058 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. S. PADMA W/O K. MAHENDRAN, AGED ABOUT 41 YEARS, R/O NO.16, 7TH CROSS, PTEETI NAGARA, LAGGERE, BENGALURU-560 058. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET BEARING NO.623/2013 DATED 28.10.2014 AND THE INITIATION OF PROCEEDINGS IN C.C NO.2145/2015 ON THE FILE OF VII ACMM AT BENGALURU VIDE ANNEXURE-H FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 498A, 504, 323, 354 R/W SECTION 34 OF THE IPC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Petitioners, arraigned as accused Nos.1 to 3 and 6 in the charge sheet have preferred this petition seeking to quash the entire proceedings pending against them in C.C.No.2145/2015 on the file of VII Additional Chief Metropolitan Magistrate, at Bengaluru, registered for the offence punishable under Sections 143, 147, 498A, 504, 323, 354 read with Section 34 of Indian Penal Code (hereinafter referred to as ‘IPC’). 2. Respondent No.2, pursuant to issuance of notice, is present before the Court. She submits that she has instructed the Additional Public Prosecutor to make submission on her behalf. 3. Heard both sides and perused the material on record. 4. Cr.No.0623/2013 is registered by Rajagopal Nagar Police Station, Bengaluru City on a complaint lodged by respondent No.2, for the offence punishable - 4 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 under Section 498A, 504, 323, 354 read with Section 34 of IPC. 5. On completion of investigation, Charge Sheet has been filed against accused Nos.1 to 9 for the offence punishable under Section 143, 147, 498A, 504, 323, 354 read with Section 34 of IPC. 6. It is alleged by the de-facto complainant that her marriage was performed with accused No.1 on 27.06.2002 and from the wedlock, she has two children. Her husband is working as Civil Engineer. In the beginning, their marriage life was cordial and after the birth of second child, her husband took her to native place wherein, they stayed for about 4 years. During that time, she was subjected to physical and mental harassment by her mother-in-law and her husband. It is further alleged that even her sisters-in-law and their husband, who were living in the neighborhood were instigating her husband and at their instance, her - 5 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 husband used to harass her to bring money from her parental home. 7. In the compliant, it is further alleged that on 26.11.2013 at about 8.30 p.m., all the accused came near her house, dragged her, assaulted with hands etc., In that connection, she lodged a complaint at Rajagopalnagar Police Station and her husband was called to the Police Station and advised. 8. There is no material to show about the incident which took place on 26.11.2013, as no case was registered. It is stated that husband of respondent No.2 was called to the Police Station and he was advised. There is no mention about other accused persons. It appears that the present complaint was lodged on 16.12.2013 on the basis of which case has been registered against accused Nos.1 to 8. Petitioners are accused Nos.1 to 3 and 6 respectively. - 6 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 9. Petitioner No.1 is the husband, Petitioner No.2 is the mother-in-law, Petitioner Nos.3 and 4 are the sisters-in-law of respondent No.2. 10. It is contended by the learned Addl. SPP that respondent No.2 has taken treatment at Premier Sanjeevini Hospital at T.Dasarahalli wherein, certain injuries are noticed on her and therefore contended that there is a prima facie case against the petitioners. 11. It is pertinent to mention that accused Nos.4, 5, 7 to 9 preferred Crl.P.No.1379/2019 before this Court seeking quashing. The said petition was allowed on 10.03.2025 and proceedings insofar as the said accused are concerned was quashed by this Court. 12. The complaint on its face value does not disclose specific overtact against petitioner Nos.3 and 4. It is alleged that the complainant’s mother-in-law used to give mental torture and also assault the complainant with hands and therefore, she started living separately along with her children in a rented house. Omnibus allegations - 7 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 are made that even other accused who were living near by used to instigate her husband and at their instigation, her husband used to visit her house and harass her both physically and mentally, to bring money from her parental home. 13. As per Charge Sheet allegations, accused Nos.1 and 2 used to abuse the complainant in filthy language for giving birth to two female children and they used to assault her with hands etc. The allegations against the other accused are that they have instigated her husband. 14. In the case of Naveen Kumar A. and Others V/s State of Karnataka By K.R Pura Police Station and another reported in 2025 SCC Online Kar 10970 at paragraph Nos.7 and 8, held that: “ In K. Subba Rao v. State of Telangana, reported in (2018) 14 SCC 452, it is held that: “ The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband - 8 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out ”. In Kahkashan Kausar alias Sonam v. State of Bihar, reported in (2022) 6 SCC 599, the Apex Court at paragraph 17 has observed as under: “The abovementioned decisions clearly demonstrate that this Court has at numerous instances expressed concern over the misuse of Section 498-A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long-term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this Court by way of its judgments has warned the courts from proceedings against the relatives and in- laws of the husband when no prima facie case is made out against them.” - 9 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 15. Vague and omnibus allegations are made against petitioner Nos.3 and 4 arraigned as accused Nos.3 and 6. It is not stated as to when they have visited the complainant’s house and instigated her husband etc. 16. Having perused the entire material on record, I am of the considered view that continuation of proceedings against petitioner Nos.3 and 4/accused Nos.3 and 6 is an abuse of process of law. Proceedings are already quashed against accused Nos.4, 5, 7 to 9 in Crl.P.No.1379/2019 by this Court. Hence, the following:- ORDER i) Petition is partly allowed. ii) Petition in respect of petitioner Nos.1 and 2/accused Nos.1 and 2 is hereby dismissed. iii) Petition is allowed in respect of petitioner Nos.3 and 4/accused Nos.3 and 6 and the entire proceedings against the said accused, pending in C.C.No.2145/2015 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru is quashed. - 10 - HC-KAR NC: 2025:KHC:31326 CRL.P No. 8385 of 2025 iv) Petitioner Nos.1 and 2 are at liberty to file application seeking discharge before the Trial Court and in that event, the Trial Court shall consider and dispose of the same in accordance with law, without being influenced by the observations made in this petition. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 62