- 1 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100029 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101136 OF 2024 IN CRL.P NO. 100029/2025 BETWEEN: SRI. SURAJ M @ SOORAJ S/O LATE SRI. H.S. MANJUNATH AGE. 29 YEARS, R/AT. 46, 14TH MAIN ROAD, 9TH BLOCK NEAR SHAKTHI GARDEN, NAGARBHAVI 2ND STAGE, BANGALORE-560072. …PETITIONER (BY SRI. SHIVAKUMAR S.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BALLARI WOMEN POLICE STATION, INFANTRY ROAD, ASHOK NAGAR, BALLARI-583275. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDINGS, HIGH COURT DHARWAD-580011. 2. SMT. HARSHITHA PUROHITH D/O RAMESH PUROHIT W/O SURAJ M. AGE. 25 YEARS, R/AT. 13/25, SURABHI, NEAR MADHVA SANGHA, 3RD CROSS, S.N.PETE BALLARI-583101. R/AT. 19TH FLOOR, BLOCK 1, INDIA NAVI MUMBAI, MAHARASHTRA-410221. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. PHANIRAJ KASHYAPA, ADVOCATE FOR R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST ABOVE PETITIONER IN CRIME NO.23/2024 BALLARI WOMENS P.S. PENDING ON THE FILE OF IV AADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, BALLARI FOR THE ALLEGED OFFENCES P/U/SEC. 498A, 323, 504, 506 R/W SEC. 34 OF IPC. IN CRL.P NO. 101136/2024 BETWEEN: 1. N. RENUKA DEVI W/O. LATE H.S.MANJUNATH AGED ABOUT 52 YEARS, 2. SANDEEP M S/O LATE H.S.MANJUNATH AGED ABOUT 28 YEARS, BOTH RESIDING AT 46, 13TH MAIN ROAD, 9TH BLOCK, NAGARABHAVI, 2ND STAGE, BENGALURU 560072. 3. H.S.MALATHI W/O S. VENKATASUBRAMANYA AGED ABOUT 54 YEARS, R/AT NO. 33, 10TH CROSS, PAPAREDDY PLAYA, MALLATHAHALLI, NAGARABHAVI, BANGALORE-560072. ...PETITIONERS (BY SRI. SHIVAKUMAR S.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BALLARI WOMEN POLICE STATION, INFANTRY ROAD, ASHOK NAGAR, BALLARI 583275. R/BY ITS SPP, KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, DHARWAD 580011. 2. SMT. HARSHITHA PUROHITH W/O SURAJ M. AGED ABOUT 25 YEARS, R/AT. NO. 13/25, SURABHI, EAR MADHVA SANGHA, 3RD CROSS, S.N.PETE, BALLARI 583101. ...RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. PHANIRAJ KASHYAP, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. 1973, PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST ABOVE PETITIONERS/ ACCUSED NO. 2 TO 4 BALLARI WOMEN P.S. IN CRIME NO. 23/2024 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, BALLARI FOR THE ALLEGED OFFENCES P/U/SEC. 498A, 323, 504, 506 R/W SEC. 34 OF IPC AND PASS ANY SUCH ORDER. THESE CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Shivkumar S. B. learned counsel for the petitioner and learned High Court Government Pleader- Smt.Kirtilata R. Patil, appearing for respondent No.1-State and Sri.Phaniraj Kashyap for second respondent in both the matters. 2. In Criminal Petition No.100029 of 2025, the husband is the petitioner. In the connected Criminal Petition No.101136 of 2024, the mother-in-law, brother-in-law and a relative of respondent No.2 are the petitioners. 3. Both the petitions are filed, with the following prayer: In Criminal Petition No.100029/2025 “WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire - 4 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 Criminal proceedings against above Petitioner in Crime No.23/2024 Ballari Women P.S. pending on the file of Hon'ble IV Additional. Civil Judge (JR DN.) & JMFC, Ballari for the alleged offences punishable under Sections 498A 323, 504, 506 R/w Section 34 of Indian Penal Code and pass any such order as this Honourable Court deems fit in the interest of justice and equity.” In Criminal Petition No.101136/2024 “WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire Criminal proceedings against above Petitioners/Accused Nos.2 to 4-Ballari Women P.S. in Crime No.23/2024 pending on the file of Hon'ble IV Additional. Civil Judge (JR DN.) & JMFC, Ballari for the alleged offences punishable under Sections 489A, 323, 504, 506 R/w Section 34 of Indian Penal Code and pass any such order as this Honourable Court deems fit in the interest of justice and equity.” 4. Facts in the nutshell which are utmost necessary for disposal of the present petitions are as under. 4.1 The petitioner in Criminal Petition No.100029 of 2025, Sri.Suraj, married the second respondent as per the Hindu rites and customs on 21.08.2022 at Poonam Mahal Convention Hall. For about six months, they led a happy married life. Thereafter, the second respondent was subjected - 5 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 to physical and mental harassment on the ground that she was not required to prepare food and she was also harassed physically and mentally. 4.2 The brother-in-law of the second respondent started abusing her, stating that there is no peace in the family from the day of marriage and therefore, she should leave the matrimonial home and consequently, she was sent out of the matrimonial home. 4.3 The parties have separated themselves and there are several proceedings between the parties. 5. Police after receipt of the complaint are investigating the matter. 6. Petitioners have now sought for quashing of the FIR. 7. As could be seen from the averments made in the complaint, Smt.Malathi, who is the third petitioner in Criminal Petition No.101136 of 2024 is having a separate residence and residing separately. Only as against her, the allegations are omnibus in nature and therefore, a case is made out for quashing the complaint against her, following the principles of - 6 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 law enunciated in Kahkashan Kausar @ Sonam and Others v. State of Bihar and Others1. 8. Insofar as the other petitioners are concerned, a prima facie case is made out which is still in the investigation stage. The petitioners are at liberty to place on record necessary materials and the same would be definitely taken note of by the investigation agency and appropriate report would be filed. 9. If any adverse report is filed against the petitioners, they are at liberty to approach this Court by filing an appropriate petition seeking suitable orders. 10. With the above liberty reserved for the other petitioners, the following order passed: ORDER (i) Criminal Petition No.100029/2025 is hereby dismissed. (ii) Criminal Petition No.101136/2024 is allowed-in-part. 1 (2022) 6 SCC 599 - 7 - HC-KAR NC: 2026:KHC-D:768 CRL.P No. 100029 of 2025 C/W CRL.P No. 101136 of 2024 (iii) Criminal Petition No.101136/2024 against petitioner Nos.1 and 2 are concerned is dismissed. (iv) Criminal Petition No.101136/2024 against petitioner No.3 Smt.H.S.Malathi, who is accused No.4 in FIR No.23/2024 is concerned, is hereby quashed. (v) The amount in deposit is ordered to be withdrawn by the respondent No.2 towards the arrears of maintenance. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 2 SL NO.: 35