- 1 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200354/2025 BETWEEN: 1. SHASHANK S/O SHIVARAJ AMMAN AGE: 31 YEARS, OCC: TEACHER R/O: H.NO.10-3/14, VITHAL NAGAR, KALABURAGI – 585102. 2. SMT. LAXMI W/O SHIVARAJ AMMAN, AGE: 64 YEARS, OCC: NIL R/O: H.NO.10-3/14, VITHAL NAGAR, KALABURAGI – 585102. 3. SMT. SWETA W/O AJAY CHIDRI, AGE: 32 YEARS, OCC: HOME MAKER, R/O: DATTAGIRI COLONY, ZAHEERABAD–502228, (TELENGANA). Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 4. RAGHAVENDRA S/O M. LAXMINARAYAN GUPTA, AGE: 50 YEARS, OCC: BUSINESS, R/O: H.NO.1-253, NEAR MOTHER TERESSA HOSTEL, BELUR CROSS, HUMNABAD ROAD, KALABURAGI – 585104. …PETITIONERS (BY SRI NANDKISHORE BOOB, ADVOCATE) AND: 1. THE STATE, THROUGH CITY WOMEN P.S., KALABURAGI NOW REPRESENTED BY THE ADDL. SPP, HCK KALABURAGI. 2. SMT. JYOTHI W/O SHASHANK AMMAN (D/O SUBHASHRAO GANDAGE) AGE: 34 YEARS, OCC: WORKING IN PRIVATE CO. LTD., R/O: H.NO.B-105, SAROJ APARTMENT, RAM NAGAR, AUSA ROAD, LATUR - 413531 (MAHARASHTRA) NOW AT: NANDEDGAO TQ: HAVELI, DIST: PUNE. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP, FOR R1; SRI AMARNATH M., ADVOCATE, FOR R2) - 3 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.11/2025 OF KALABURAGI CITY WOMEN P.S., KALABURAGI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115, 351, 352, READ WITH 3(5) OF BNS, 2023 (UNDER SECTIONS 498(A), 321, 503 & 504 R/W 34 OF IPC) AND SECTIONS 3 AND 4 D.P. ACT, 1961, PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, KALABURAGI, (IN FIR NO.291/2025) AGAINST THE PETITIONERS/ACCUSED NOS.1 TO 4 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard Sri Nandkishore Boob, learned counsel for the petitioners, Sri Amarnath M., learned counsel for the second respondent and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the first respondent-State. 2. This petition is filed under Section 528 of BNSS (482 Of Cr.P.C.), with the following prayer: - 4 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 “WHEREFORE, it is prayed that the Hon'ble Court may be pleased to Quash the FIR and Complaint in Crime No. 11 / 2025 of Women City PS, Kalaburagi, for the offences punishable U/s. 85, 115, 351, 352, 3(5) of BNSS, 2023, (U/s. 498(A), 321, 503 & 504 R/w 34 IPC) and 3 & 4 DP Act, 1961, pending on the file of Hon'ble IInd Addl. Civil Judge & JMFC, Kalaburagi (in FIR No. 291/2025), against the Petitioners / A.Nos. 1 to 4, by allowing this petition, in the interest of justice and equity.” 3. Facts in nutshell for disposal of the present petition are as under: 3.1 A complaint came to be lodged by the second respondent against the petitioners herein with Kalaburagi City Women Police Station, Kalaburagi, on 24.01.2025, which was registered in Crime No.11/2025 for the offences punishable under Sections 85, 115, 351, 352, 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3 and 4 of the Dowry Prohibition Act. - 5 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 3.2 Gist of the complaint averments would reveal that the first petitioner is the husband of the second respondent having married him on 27.11.2022. It was a love marriage. According to the complainant, a sum of Rs.1,00,000/- was given as dowry for purchase of clothes apart from 10 tola of told to the petitioners. 3.3 It is contended in the complaint that the fact of a daughter being there in the earlier marriage to the complainant – second respondent has been brought to the notice of the first petitioner and despite the same, marriage proposal was confirmed. 3.4 After the marriage there was a happy married life for about 4-5 months and thereafter, there were bickerings in the matrimonial tie. 3.5 When the matter stood thus, on 13.06.2023 all the petitioners joined together and harassed the complainant by taking away the Mangaly Chain and sent - 6 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 her out of the matrimonial house. Thereafter, the complainant went to her parental house. 3.6 On 17.06.2023 there was a call from the first petitioner to join him and accordingly she went to the matrimonial house. 3.7 At that juncture, first petitioner and his friends forced her to sign divorce papers and Rs.1,00,00,000/- has to be repaid towards the marriage expenses. 3.8 Again on 03.08.2024 at about 2.20 p.m., complainant along with her parents visited the house of the petitioner and all the petitioners picked up the quarrel and held the shirt collar of the father of the complainant and assaulted him and also abused the complainant and her parents in filthy language and also demanded a sum of Rs.2,00,00,000/- as the compensation for the marriage expenses. - 7 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 4. Based on the complaint, police registered the case and after thorough investigation charge-sheet came to be filed. 5. The police after registering the case, are investigating the case. In the meantime, the challenge now is tobe very registration of the FIR on the ground that petitioner Nos.2 to 4 are not residing with the first petitioner. To substantiate the same, the documents are filed. 6. Sri Nandkishore Boob, learned counsel for the petitioners, would contend that since the petitioner Nos.2 to 4 are not residing along with the first petitioner, proceeding with the criminal case and investigation pursuant to the FIR is totally uncalled for and would result in abuse of process of law and sought to allow the petition. 7. Per contra, Sri Veeranagouda Malipatil, learned High Court Government Pleader and Sri Amarnath M., learned counsel for the respondents oppose the same. - 8 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 8. They would also contend that the veracity of the documents that has been placed before this Court cannot be decided by this Court by holding a mini trial and therefore, petition is to be dismissed. 9. Having heard the arguments on both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, petitioner Nos.2 to 4 want to contend that they lived separately. To substantiate the same, the documents are also produced before the Court. Apart from the same, it is document filed on behalf of the petitioners would depict that second petitioner is suffering from serious ailments and medical records are also produced. 11. Taking note the fact that only criminal case is registered and investigation is not yet completed, petitioners are at liberty to place all the necessary documents including address proof of petitioner Nos.2 to 4 before the Investigating Officer. - 9 - HC-KAR NC: 2025:KHC-K:3681 CRL.P No. 200354 of 2025 12. It is settled principles of law and requires no emphasis that investigation is to be conducted fairly and if the material documents placed on record would not make out a case against petitioner Nos.2 to 4 as is contended by the petitioners herein, necessarily the investigation agency has to file appropriate report in accordance with law. 13. If there is any adverse report, which would effect rights of the petitioners herein, they can very well challenge such report in accordance with law. 14. Reserving such liberty for the petitioners, the petition is dismissed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 20 CT:NI