- 1 - HC-KAR NC: 2025:KHC:26278 CRL.P No. 10226 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10226 OF 2024 BETWEEN: 1. SMT. KAVITHA M G D/O M GODESH W/O MANJUANTH AGED ABOUT 46 YEARS, R/AT 1778/13, 1ST MAIN 2ND CROSS, NEAR DOCTORS CLUB VIDYA NAGAR, DAVANAGERE - 577 005. 2. SMT RUPA @ ROOPA SANGA W/O PRAVEEN SANGA AGED ABOUT 43 YEARS, R/AT FLAT NO.307, AISHWARYA ORNATE, 11TH CROSS, 35TH AMIN, SARAKKI J P NAGAR PHASE 1, SARAKKI HIGH SCHOOL, BENGALURU - 560 078. 3. SHWETHA M.G, W/O MADHUSUDHAN K.V, AGED ABOUT 38 YEARS, R/AT NS-4, G4, MIG-2, KHB COLONY, HOOTAGALLI BELAVADI, MYSURU - 570 018. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26278 CRL.P No. 10226 of 2024 AND: 1. SMT. ANJANAMMA W/O PRASHANTH M.G, AGED ABOUT 36 YEARS, HOUSEWIFE, 2. MASTER KIRAN SURYA M P, S/O PRASHANTH M G, AGED ABOUT 8 YEARS, HOUSEWIFE, SINCE MINOR REPRESENTED BY HIS MOTHER RESPONDENT NO.1 BOTH ARE R/AT 3509/A58, OPP WATER TANK, BASAVESHWARANAGARA, DAVANAGERE - 577 005. ALSO AT GURUKULA RESIDENTIAL SCHOOL NURSERY, S.S. LAYOUT, RING ROAD DAVANAGERE - 577 004. …RESPONDENTS (RESPONDENTS ARE SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.785/2023 PENDING ON THE FILE OF IV ADDITIONAL CIVIL JUDGE AND JMFC, DAVANAGERE, FILED U/S.12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, IN RESPECT OF THESE PETITIONERS. - 3 - HC-KAR NC: 2025:KHC:26278 CRL.P No. 10226 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "Wherefore, it is prayed that this Hon'ble Court be pleased to allow the Criminal Petition and quash the entire proceedings in Crl.Misc.No.785/2023 pending on the file of IV Addl. Civil Judge and JMFC, Davanagere, filed U/Sec.12 of the Protection of women from Domestic Violence Act, 2005, in respect of these Petitioners, in the interest of justice." 2. Heard the learned Counsel appearing for the petitioners. Respondents having been served with notice of this petition have chosen to remain unrepresented and have not contested the proceedings. 3. A perusal of the material on record will indicate that respondent No.1 is the wife of one Prashanth M.G. while respondent No.2 is their minor son. Petitioners are none other than the sisters of the aforesaid Prashanth. The respondents instituted the impugned proceedings in Crl.Misc.No.785/2023 against the aforesaid Prashanth-accused No.1, his parents- accused Nos.2 & 3 and petitioners herein-accused Nos.4 to 7 - 4 - HC-KAR NC: 2025:KHC:26278 CRL.P No. 10226 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. In this context, it is relevant to state that apart from stating that petitioners herein are the sisters of aforesaid Prashanth and are guilty of domestic violence, by making bald, vague, omnibus and general allegations against the petitioners herein, there are no other allegations made against the petitioners who are undisputedly the married sisters of aforesaid Prashanth. It is also pertinent to note that the marriages of petitioners herein took place in the years 2008, 2009 and 2013 respectively, prior to the marriage of respondent No.1 with the aforesaid Prashanth which occurred subsequently in the year 2013. It is also borne out from the material on record that the petitioners are not residing in a shared household along with their brother-accused No.1 or the respondent Nos.1 & 2 and there was no domestic relationship between the petitioners and respondent Nos.1 & 2. 4. Under these circumstances, in the absence of any material to establish that petitioners are guilty of any act of domestic violence so as attract the provisions of Section 12 of the Domestic Violence Act, I am of the considered opinion that - 5 - HC-KAR NC: 2025:KHC:26278 CRL.P No. 10226 of 2024 in the light of the judgment of the Hon'ble Supreme Court in the case of Shaurabh Kumar Tripathi Vs. Vidhi Rawal1, continuation of impugned proceedings qua petitioners would amount to abuse of process of law warranting interference in the present petition which deserves to be allowed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed; (ii) The entire proceedings in Crl.Misc.No.785/2023 pending on the file of IV Addl. Civil Judge and JMFC, Davanagere, for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005, qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YN List No.: 1 Sl No.: 15 CT: BHK 1 2025 SC ON LINE 1158