Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4819 OF 2025 BETWEEN:
MR. DARSHAN RAM, S/O. SRI SAMPATHRAM, AGED ABOUT 30 YEARS, RESIDING AT: #152/1, 14TH WARD, NEAR GOWRI SCHOOL, VV PURA, GOWRIBIDANURU TOWN, CHIKKABALLAPURA-561 208. …PETITIONER (BY SRI. ANIL R., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY BENGALURU DISTRICT WOMEN PS POLICE STATION, DODDABALLAPURA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
2.
MRS. CHITRA R., W/O M. DARSHAN RAM, AGED ABOUT 22 YEARS, R/AT SOMASHETTIHALLI VILLAGE, TUBUGERE HOBLI, DODDABALLAPURA TALUK,
Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
BENGALURU DISTRICT-561203. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
R2- SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET PENDING IN CC.NO.3091/2024 FILED UNDER FIR NO.98/2023 REGISTERED BY R-1 BENGALURU DISTRICT WOMEN POLICE STATION/R1 FOR THE OFFENCES UNDER SECTIONS 498A, 323, 504, 506, 342 R/W SECTION 34 IF IPC AND SECTION 3 AND 4 OF DP ACT, PENDING BEFORE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT DODDABALLAPURA.
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 reliefs:
"WHEREFORE, the Petitioner/A1 above named, humbly prays, this Hon'ble Court be pleased to quash the Charge sheet pending in CC No.3091/2024 filed under FIR No.98/2023 registered by R1-Bengaluru District Women police station/R1 for the offences under sections 498A, 323, 504, 506, 342 R/w section 34 of IPC, & Sections 3 & 4 of DP Act, pending before Additional Civil Judge (JR.DN) & JMFC at Doddaballapura, by allowing the present petition as against the petitioner and grant such other relief/s as
- 3 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
this Hon'ble Court may deem fit to grant in the circumstances of the appeal, in the ends of justice."
2. Heard, learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and perused the material on record. 3. The respondent No.2-de-facto complainant having been served with notice of this petition has chosen to remain unrepresented and has not contested the petition. 4. Perusal of the material on record would indicate that the petitioner is the husband of second respondent- de-facto complainant. On 06.09.2023, the second respondent filed a complaint against the petitioner making vague, bald, omnibus and general allegations which were not sufficient to proceed against the petitioner. However, subsequently, the petitioner filed one more complaint and by way of an improvement and after thought changed her version and filed a complaint on 08.10.2023 which was registered as an FIR in Crime No.98/2023 against the
- 4 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
petitioner/accused No.1 and his parents i.e. accused No.2 and 3. 5. Respondent No.1 police authority having conducted investigation, charge sheet came to be filed in C.C. No.3091/2024 for the offences punishable under Sections 498A, 323, 504, 506, 342 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. Aggrieved by the impugned proceedings, petitioner- accused No.1 is before this Court by way of the present petition. 6. On perusal of the material on record would indicate that insofar as the parents of the petitioner are concerned that is accused No.2 and 3, they approached this Court in Criminal Petition No.13697/2023 which was allowed vide final order dated 21.01.2025 thereby, quashing the proceedings as against accused No.2 and 3.
So also, a perusal of the earliest complaint dated 06.09.2023 indicate that except making general, bald, vague and omnibus allegations, necessary ingredients
- 5 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
constituting the alleged offences are not made out or forthcoming in the initial complaint. 7. It is also relevant to state that the material on record comprising of the Complaint, FIR in the instant Crime No.98/2023, charge sheet material, statement of witnesses, documents etc. also do not indicate that the petitioner is guilty of the alleged offences. In this context, it is also pertinent a note that matrimonial proceedings in M.C. No.3005/2025 are pending before the III Additional Family Court, Bengaluru. 8. Under these circumstances, I am of the considered opinion that the purely matrimonial dispute between the petitioner and respondent No.2 is said to be converted into the present criminal proceedings which is impermissible in law in the light of the judgments of the Hon'ble Apex Court in the case of Dara Lakshmi Narayana Vs. State of Telangana1. It is therefore clear that the continuation of the impugned proceedings would
1 2024 SCC OnLine SC 3682
- 6 -
HC-KAR NC: 2025:KHC:40773 CRL.P No. 4819 of 2025
amount to abuse of process of law warranting interference by this Court in the present petition. 9. In the result, I pass the following:-
ORDER i) Petition is hereby allowed. ii) Impugned proceedings in C.C. No.3091/2024 arising out of FIR No.98/2023 insofar as it relates to petitioner-accused No.1 are hereby quashed. In view of disposal of the petition, I.A. 2/2025 for dispensation does not survive for consideration. Sd/- (S.R.KRISHNA KUMAR) JUDGE
CHS List No.: 1 Sl No.: 1