Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23091 CRL.P No. 3138 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3138 OF 2025 BETWEEN:
1.
Y.V.S.SREENIKETH REDDY AGED ABOUT 30 YEARS SON OF YEDDULA SREENATHA REDDY RESIDING AT VILLA NO. 40 ADITYA ROYAL PALM 7 TOMBS ROAD, TOLICHOWKI HYDERABAD, TELANGANA – 500 008.
2.
SABITHA YEDDULA AGED ABOUT 57 YEARS WIFE OF YEDDULA SREENATHA REDDY RESIDING AT VILLA NO. 40 ADITYA ROYAL PALM 7 TOMBS ROAD, TOLICHOWKI HYDERABAD, TELANGANA – 500 008.
3.
VENKATA SAI SASANK REDDY YEDULA AGED ABOUT 27 YEARS SON OF YEDDULA SREENATHA REDDY RESIDING AT VILLE NO. 40 ADITYA ROYAL PALM 7 TOMBS ROAD, TOLLICHOWK HYDERABAD, TELANGANA – 500 008.
4.
G.V.BHEEMASENA REDDY AGED ABOUT 59 YEARS
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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SON OF G.V.RAGHAVA REDDY RESIDING AT VILLA NO. 40 ADITYA ROYAL PALM 7 TOMBS ROAD, TOLICHOWKI HYDERABAD, TELANGANA – 500 008.
5.
G.VISHNU PRIYA AGED ABOUT 54 YEARS WIFE OF K.SRINIVASA REDDY HOUSE NO. 13-4-73, 4TH LANE GUNTUR THOTHA, GUNTUR ANDHRA PRADESH – 522 001. …PETITIONERS (BY SRI ANGAD KAMATH, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY KUMBALGODU POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
2. C.POOJITHA W/O Y.V.S.SREENIKETH REDDY AGED ABOUT 28 YEARS RESIDING AT NO. 0822, ‘C’ BLOCK PANORAMA APARTMENTS, MYSURU ROAD KAMBIPURA, BENGALURU – 560 074. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1;
SRI ARUN GOVINDARAJ, ADVOCATE FOR R2)
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THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CRIME NO.044/2025 (ANNEXURE A AND ANNEXURE B) REGISTERED BY THE KUMBALAGUDU POLICE STATION NOW PENDING ON THE FILE OF THE II ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU RURAL DISTRICT, BENGALURU U/S. 323, 324, 498A, 504, 506, 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners – accused Nos.1 to 5 are before this Court calling in question the registration of a crime in Crime No.44/2025 for the offences punishable under Sections 323, 324, 498A, 504 and 506 r/w 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel, Sri. Angad Kamath, appearing for the petitioners; learned HCGP, Sri. Channappa Erappa, appearing for respondent No.1 and the learned counsel, Sri. Arun Govindraj, appearing for respondent No.2.
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3.
Facts, in brief, germane are as follows:
Petitioner No.1 is the husband of the complainant and the other petitioners are the family members of the husband. Respondent No.2 is the complainant, the wife of petitioner No.1. Petitioner No.1 and the complainant get married
03.05.2023. The relationship between the two turns sour. It is the allegation that petitioner No.1 - husband has also assaulted the complainant - wife. Thereafter, respondent No.2 registers a complaint against the husband and his family members, which becomes a crime in Crime No.44/2025 for the aforementioned offences. Registration of the crime is what has driven the petitioners to this Court in the subject petition.
4.
Learned counsel appearing for the petitioners would take this Court through the documents appended to the petition to show that there is no allegation in the complaint, which would form ingredients for the offence punishable under Section 498A of the IPC inter alia. Learned counsel would further submit that the husband and the wife are both doctors and the marriage between the two intended to foster mutual respect due to their shared background and despite the
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complainant showing reluctance to the marriage, petitioner No.1 - husband has made repeated efforts to ensure a harmonious marital life. Omnibus allegations are made qua the family members of the husband regarding demand of dowry and cruelty only to draw them in the web of crime and the couple never resided with the in-laws or other members of the husband’s family is the submission of the learned counsel.
5. Per contra,
learned counsel appearing for respondent No.2 would refute the submissions of the learned counsel for the petitioners in contending that the allegations in the complaint would demonstrate the overt acts of the husband and the in-laws in demanding dowry and all of them have inflicted cruelty and pain on the complainant - wife. He would seek dismissal of the petition.
6. The learned HCGP appearing for respondent No.1 would toe the lines of the learned counsel for the 2nd respondent - complainant and would submit that the matter is still at the stage of crime and requires investigation.
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7. I have given my anxious consideration to the
submissions made by the respective learned counsel and have perused the material available on record. 8. The afore-narrated facts and link in the chain of events are a matter of record and would require a skeletal iteration. Petitioner No.1 and the complainant get married on
03.05.2023. Thereafter, the relationship between the two turns sore and the impugned crime is registered by the 2nd respondent. Since the entire issue has triggered from a complaint, I deem it appropriate to notice the complaint. The complaint reads as follows:
“SUBJECT: Complaint against my husband 1)Y.Sreeniketh, his mother 2) Smt Y.Sabitha, his brother 3) Y.Sashank Reddy, his uncle 4) Bheemasena Reddy, his aunt 5) Vishnu Priya for dowry harassment and causing mental cruelty to me and my parents. 1.I have been legally married to Y.Sreeniketh Reddy residing at Gblock, 1158, Brigade Panorama apartments, Mysore road, kambipura, Bengaluru, 560060on May 3rd 2023, at Amita rasa, Chikballapura. We both are doctors by profession. I have taken up MD in Department of Radiology and my husband is doing M.ch Urology in RRMCH, Bengaluru. After the marriage, few days we stayed in their parents house and thereafter my husband moved into my flat where I was residing already. 2.My husband's senior approached my senior on behalf of my husband about the marriage proposal. Later
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my husband's family and relatives called my parents to tell that they are actually interested in me and my family and to discuss further. Me and my husband, first met at a restaurant in Bengaluru in presence of our senior's families. After our first meeting, we met with their parents and other relatives and during pre-wedding discussions, my husband, his mother and his brother and my husband's uncle Beemasena Reddy asked my parents for a dowry of 2 crores in cash, gold worth one and half kilograms, a property in Hyderabad worth 5 crores and marriage to be performed in an extravagant manner. My family asked them to give us sometime to think about the dowry expectations they have and if we will be able to fulfil it or not. We were not given time and was asked back to back to say if we would want to go ahead with the proposal or not.
Considering that me and my husband are doing our respective courses from the same hospital and would stay closer, also my husband's family is educated, we said yes to the proposal and forced to accept demand of dowry. My mother-in-law asked my parents to give half of the dowry amount when they come to discuss about the engagement and marriage dates and the remaining amount a day before the marriage and the property worth 5 crore within 4 months of marriage. 3.After a month, my parents and relatives were called to their house in Hyderabad in February 2023 to discuss about the dowry, engagement and marriage dates etc. In a very short period, though it was tough for my father to gather such huge amount, and some how convinced them to arrange some amount during engagement. 4.The dates for engagement and marriage were fixed for 26th of March 2023 and May 3rd of 2023 respectively. My father gave 50 lakhs cash to my mother in law, my husband's brother, my husband and my husband’s uncle as demanded by them. The very next moment, my husband's brother Y. Sashank asked my father that he should be gifted with one property where he gets rents monthly for which my father asked him sometime to get over from the marriage expenses and dowry after which he will be able to fulfil his interest, keeping in mind my welfare. Everytime me and my mother went for jewellery shopping before engagement
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and before marriage, my mother in law forcedly joined us to see if the jewellery we were purchasing is worth their demanded or not and also insisted me to pick the jewellery that she liked.
For my husband's engagement dress, my husband and my mother in law made my mother to pay for his dress worth 1.5 lakhs and we purchased gold, silver and other articles as demanded by husband, his mother and brother and uncle Bheemaseena Reddy and his wife Vishnu Priya, who actively participated in talks, as my father-in-law was not a fir mental condition due to ill health. My mother in law and my husband’s brother insisted us to gift both the brothers diamond studded watches, a diamond studded neck piece as the engagement gift for which we gifted him a neck piece worth more than 10 lakhs. Everytime we went for my marriage sarees shopping, my mother in law would demand and pick sarees for herself worth 2 to 3 lakhs and made us pay for her everytime, saying that what my parents are doing for her is nothing and they should feel lucky for their daughter being accepted into her family. 5.My husband, my husband's mother/Sabitha, my husband's brother/ sashank, aunt Vishnu Priya and uncle Bheemasena Reddy insisted on lavish and extravagant arrangements, including a luxury wedding venue, luxury resorts for stay, transport, bouncers and other expensive items and they claimed that my husband was entitled to such claims in consideration of the marriage. My husband demanded that he would want to get married at one particular wedding venue in Bengaluru which he liked and is the most expensive wedding venue in Bangalore called 'Amita rasa'. When explained that its very expensive and would be a burden for my parents, he outrightly denied our request. When explained the same to my mother in law and uncle Bheemaseena Reddy, Vishnu Priya and sashank, they insisted us to do everything according to Y.Sreenikeths's demand and wish. 6. According to whatever my husband and his family demanded, one day before the marriage we were asked to give remaining 1.5 crore as dowry.
One day before the marriage events started, that is on the night of May 1st 2023, we arranged a welcome party for my husband's family at a private property in chikballapur. My father explained my husband and his family that he is
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burdened with the marriage expenses already and would need sometime, my husband and his family stated that they would not go ahead with the marriage if we don't abide by their demands. My father with utmost burden managed to give my husband, his mother, his brother and uncle Bheemasena Reddy and Vishnu Priya 75 lakhs and sought more time to fulfil their dowry demand. They reluctantly agreed to grant time, as the wedding was in a expensive resort as demanded by them. 7.After the marriage when I went to my husband's place for Satyanarayana vratham, my husband and my mother in law asked me to get the gold jewellery with me to their home, where I was forced to give away my jewellery what wore for vratham worth around 60 lakhs to them. Even my husband's demands for expensive gifts like things made out of silver, fancy decorative items, expensive perfumes, expensive alcohol for himself and for his brother were relentless. I had to use my own stipend savings which is around 70000rps to meet these demands, as I did not want to burden my parents any further. Despite me using my stipend money to purchase gifts and other items, my husband remained dissatisfied and continued to pick fights. He compelled me to phone call my parents and ask for more money. When i refrained, he refused to talk to me, preferring instead to zone out with his iPad and Air Pods. 8.Even our honeymoon trip to Bali was arranged and financed by my parents as demanded by my husband.
From the moment we arrived in Bali, he started discussing about the assets that he wanted, the money that he is expecting from my parents every month. He insisted on me to call my parents and ask to book a 5 star hotel, and ask for more money for his lavish wishes like shopping etc. When I explained that my father is already spent for our honeymoon and I don't want to burden him for the extra lavish things, he resorted to deliberately pick fights with me over trivial matters and abuse me, would not accompany me on sightseeing tour as planned, made me beg him and deliberately make me wait for him for hours. Furthermore, he would consume alcohol excessively, a habit that only fuelled his aggressive behaviour towards me. He would fight that he
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deserves more lavish gifts for marrying me, force himself upon me for sex even during periods time, hit me with the lamp in the room and verbally abused me. Threatened to change his room if I questioned abusive behaviour. I lived in constant fear of his unpredictable mood swings, never knowing when he would lash out at me next. Furthermore, he said he would consume alcohol thrice weekly and also on weekends without fail and I should not stop him. Whereas before marriage when asked about his alcohol habit, he said that he is not interested and takes alcohol occasionally. When asked why did he lie about it before marriage, he said 'according to me occasionally means 3 to 4 times a week. So you decide'.. Under this fearful circumstances I had to confess to my mother in law about his behaviour where I was told to adjust and tolerate. 9.
My husband forced me to ask my parents to transfer money for his shopping, I refused to ask my parents to avoid burdening them instead had to use my own stipend savings for his shopping. He purchased expensive gifts for himself, his family, and relatives throughout the trip, alcohol in Bali airport duty-free. Despite my exhaustion and hunger after a demanding journey back to Hyderabad, my husband denied me from having food and forced me to buy him alcohol once again at mid night 1AM in Hyderabad airport. As I explained him about the lack of money, tiredness and hunger, the situation only grew worse. Upon reaching his family home in Hyderabad, he locked his room and didn't let me inside for a while, later tortured me by subjecting me to extreme cold temperatures and fan speed throughout the night. His mother and his brother instigated him to force me more about the property that was promised as dowry. When I tried to stand up for myself, my husband yelled at me, abused me on top of his voice, slapped me and smashed door against me in front of his mother and his brother. His refusal to communicate with me or acknowledge my presence at his house for the next three days left me feeling helpless, abandoned and alone in a foreign environment. Although he is aware that I am scared of dogs, he deliberately
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would send his dog to me threatening me to the core. The said behaviour had support of his mother, brother and his uncle and aunt. They dismissed my concerns and instructed me that after the dowry what was asked by them is fulfilled completely, they would intervene to address my husband's behaviour. 10.Just a few days after our marriage, my husband began to exhibit behavior that was deeply troubling.
He would pick fights, hurt me physically over trivial matters, manhandle me, kicked me on my back and then proceed to call my parents, lying about what had transpired between us. This behavior continued to escalate, with my parents being called in to intervene on multiple occasions, only to discover that the root cause of these conflicts was his relentless demand for money and material possessions. Initially, in an attempt to salvage our relationship, my parents acquiesced to his demands giving him around 5 lakhs everytime they came, hoping that it would bring peace to our troubled marriage. However, this peace was short-lived, as my husband would return to his abusive and demanding ways after only a few days of receiving the money. He was demanding the remaining dowry amount and the property to be given as quickly as possible. This cycle repeated itself more than three times, with my parents finally realizing that the situation had become untenable and that they could no longer continue to bear the burden of his greed. When they finally confronted him, my husband reacted with anger and hostility, degrading me and my parents with derogatory language and making bad remarks about my family to his friends, a point at which I felt like ending my life. 11.My mother in law whenever she came, would discuss that I should give my husband more money and further added that the property worth 5 crore has to be given within a month time on the name of her son if i wanted to continue in the marriage and only then he would try to change his abusive behaviour. She always used derogatory language towards me and family, sometimes threw
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things at me in rage which hurt me physically. My husband and his family have continuously pressured me to invest in my husband's savings plans using my limited stipend and insisted me to get money from my parents to invest in his savings plan.
As a doctor I am burdened with my work, education, with frequent night duties, my parents supported me in managing house help and cook, though my parents were the people to give salaries to my house help and cook, still my husband, his mother and his aunt blatantly said my parents should just transfer the money to my husband's account and should not support me in managing them. This financial exploitation, coupled with emotional abuse, created a toxic environment, causing me immense mental and emotional distress. Moreover, my parents were told that they should give information before they come. my mother-in-law and my husband imposed absurd rules and restrictions on me and my family, dictating that my parents should give information to my husband before they visit me. My mother in law and my husband prohibited my parents from seeing me for three months. One particularly harrowing incident occurred when my mother in law planned a trip to Shirdi without me, leaving me behind despite my efforts to join them. When I attempted to accompany him on the trip, my mother-in-law made it clear that I was only welcome if I complied with her son's wishes or stay home. The emotional abuse and manipulation that I faced were not limited to my husband but extended to his family members as well. 12.From the very beginning, I have been treated as nothing more than a commodity/servant to fulfil my husband's physical needs. My husband's actions can only be described as animalistic, devoid of any empathy or regard for my feelings, which was supported by his mother, brother and uncle with no scant respect for women especially me and always used abusive language and used to degrade me everytime before relatives and friends, which has caused immense damage to me. All my husband and his mother and his brother seems to care about is the physical aspect of our relationship, completely disregarding my emotional well-being.
My husband also used to handcuffs, blindfold me, and even used tablets to prolong his sexual
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pleasure, all of which made me extremely uncomfortable and affected my self-respect and my husband used me as a beast to have his sexual lust even when I was on periods. Despite my protests and objections, he continued to resort to coercive sexual behaviour, forcing himself upon me while I am vulnerable and asleep and also said that he would continue to do more such things. It became apparent that his only interest in our marriage was the gratification of his physical desires, with no regard to my emotions and feelings. I have had to resort to practicing yoga and taking medication to cope with the stress and anxiety caused by my husband's behavior. His lack of boundaries and disrespect towards me has left me traumatized and fearful for my safety in my own home. My complaint to my husband's family did not yield any results and they indeed supported him saying he is a man and his needs are to be fulfilled. His aggressive behavior and imposing nature have instilled fear in me, making it impossible for me to voice my concerns and objections. 13.One of the most disturbing aspects of our relationship is my husband's obsession with pornography. He has admitted to watching it regularly, even going as far as to engage in unrealistic and degrading acts that he has seen in these videos on me. What is even more appalling is the fact that my husband's mother and aunt support his behavior, justified his behavior by claiming that it is normal for a man to indulge in such activities and that I should accept it without question, making excuses for his actions and denying the harm it has caused me. They clearly stated that they only believe their son, despite the evidence I have gathered to prove his misconduct. 14. Another major problem was my husband's alcohol addiction and physical abuse. Despite my repeated pleas and insistence on the detrimental effects of alcohol consumption, my husband continues to drink excessively, often consuming alcohol four times a week during late hours at home.
He often uses the excuse that as a surgeon, he needs to relieve stress through alcohol
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consumption. After drinking for almost 2 to 3 hours, he would wake me up in the middle of the night, bring up the property topic, abuse me verbally and physically where I got hurt with bruises multiple times, hurt me with the surgical practice instruments. He sometimes forcefully make me drink beyond my limits and when denied would only turn into abuse. I was under constant fear of him abusing me. There are times when I had not felt safe at home and went to my friend's place for my safety. There have been instances where he has failed to show up at work the next day due to his hangover, jeopardizing his reputation and career as a medical professional. This behavior is not only atrocious for a doctor but also puts his patients at risk. He has also driven back home drunk in the middle of the night multiple times, endangering not only his life but also the lives of others on the road. Despite my warnings, he continues to disregard the potential consequences of his actions. On numerous occasions, he has displayed violent behavior, including banging on doors in a fit of rage when I was inside the washroom and threatening me, showing no regard for my safety or well-being. Despite pleading his mother to stop him from doing such things she has failed to intervene or protect me from his abuse further perpetuating the cycle of violence and aggression. 15.In a deliberate act of cruelty my husband he would connect multiple electronics for charge and place them beside my pillow.
When I tried to disconnect them saying it’s dangerous and may cause shock and endanger my life, he has resorted to abuse me and cause physical violence, where I went and hit the door handle, leaving me with painful bruise and a deep sense of fear for my safety. He would choke me with the pillow in the middle of the nights. There are times when I had to go to my friend's place to sleep in fear for my life. When I expressed the threat from my husband and fear to my parents. I was told by my husband's mother that I should not be talking to my parents about this and should protect the reputation of my husband. My mother in law and his aunt outraged on me saying its my mistake to not let it be how her son wants and his abusive
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and aggressive behaviour is justified due to irritation caused to him by my actions. 16. I have discovered that my husband has been doing something in secrecy in other room while I was sleeping in the nights. He would hide it from me when I wake up to check on him and would behave odd and weird. As a doctor, I discovered that his behaviour is highly suspicious of taking drugs. He has been suspended from the college during his post graduation in kamineni medical college and hospital, Narketpally the reason he never told when asked before marriage. One day when he was highly under alcohol influence, told me the reason is that he was high on drugs and medical negligence of him leading to death of a patient. Furthermore, he disclosed that himself and his brother have been doing drugs for the past few years. 17.In order to keep my matrimonial tie intact, I would try to keep a close watch over my husband.
I have discovered that my husband has been engaging in inappropriate communication with other women while intoxicated, which he shamelessly justifies it by saying they are unmarried and single. After going through his whatsapp and snapchat, to my shock, I discovered that he was exchanging messages with other girls. These messages contained our personal and intimate discussions, even requests for explicit photos and everything happening in our marriage on daily basis. The messages exchanged were filled with derogatory remarks about me and my family. What was particularly distressing was the emotional investment my husband seemed to have in one particular girl, whom he claimed was a girl he was in a casual relationship with previously. However, the nature of their conversations indicated otherwise, with my husband expressing a desire to leave our marriage within a month and his mother already told him that she would not stop him. When I confronted my husband about his infidelity and betrayal, he reacted violently, manhandled me and verbally abused me saying that I am not at par with his family financially and that he needs to be rewarded with more properties on his name and
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bank transfer the money every month for him to continue in this marriage. 18.One of the most distressing aspects of my ordeal is the constant body shaming I experience from my husband. He has repeatedly made derogatory comments about my appearance, referring to me as a
"coolie" after coming back from hospital and even comparing me to a dog. These hurtful words have left me feeling humiliated and worthless, eroding my self-esteem and sense of dignity. Adding insult to injury, my husband goes outof his way to further embarrass me by sharing disgusting videos on my social media account. These videos are designed to ridicule and humiliate me, leaving me feeling exposed and vulnerable. 19.
When I tried to address his alcohol addiction, my mother-in-law, his aunt and uncle brushed it off and refused to acknowledge the seriousness of the issue. I had to gather evidence to prove that he had a problem, only to be met with indifference and nonchalance. She refused to get involved, claiming that it was ultimately my husband’s choice to drink. She even went as far as to say that she was fine with us drinking together, showing a complete disregard for my well-being and safety further exacerbating my emotional distress and feelings of helplessness. When I sought my parents' help to counsel him about his health and alcohol addiction as his diagnostic tests showed fatty liver and high cholesterol levels, he verbally abused me and my parents, using derogatory language. 20. My husband's conduct is his habitual late- night TV watching sessions with alcohol consumption that stretch into the early hours of the morning sometimes as late as 3AM or 4AM. With the lights off, he would crank up the volume to an extremely high level, filling our small 900 sq. ft. house with deafening noise that reverberated through the walls, causing me sleepless nights and constant anxiety. The incessant noise made it impossible for me to concentrate on my studies or find any semblance of mental peace, leaving me mentally drained and physically exhausted. Sometimes he would force me to watch violence
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and horror movies despite telling him that I am phobic to such content and picks up a fight when I deny. Adding to my distress, when I am sleeping my husband would engage in disruptive activities in the bedroom, such as hitting his leg against the motherboard or watching movies on his phone at a high volume, pulling out my pillow, would manipulate the room temperature to its lowest setting and turn the fan to full speed, knowing well that I am sensitive to cold.
This calculated act of torture forced me to endure sleepless nights and even sleep on the sofa or floor. The constant lack of sleep due to his disruptive behaviour has taken a toll on my health and overall quality of life amidst the night duties which are 24hour shifts. His blatant disregard for my need for rest and peace has left me with deep emotional scars and a sense of helplessness. 21.But furthermore, my husband's disregard for my feelings and well-being was made evident when he continued to stay in contact with the other women, despite my objections. When I brought this to his mother's attention, she brushed off his behaviour as insignificant, asserting that as long as he didn't plan to elope with the other girl, there was no reason for concern. She defended him and advised me to keep quiet to protect his reputation. In a shocking display of cruelty, my husband has also made it abundantly clear that he has no intention of honoring his marital responsibilities or commitments towards me. He has openly stated that I cannot expect him to be responsible or caring for the next ten years, without regard for my well- being or happiness left me feeling abandoned, isolated, and utterly forsaken in a marriage that was meant to be a partnership built on trust, love, and mutual respect. Furthermore, my husband's blatant disregard for my financial well-being and: emotional needs has left me feeling isolated and neglected. 22.My husband restricted my freedom and autonomy forbidding me from going to library, a refreshing, walk, meet friends and family, imposing a suffocating isolation that felt like a form of house
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arrest. I was forbidden from inviting anyone to our home or meeting them outside, creating a sense of loneliness and helplessness that further compounded my misery.
The extent of my mother- in- law's insensitivity and cruelty became painfully clear when she indirectly insinuated that we both are still young and that I had made a mistake by marrying him and hinted that I should reconsider my decision to stay in the marriage. 23.In the end of August which is 4 months of marriage when my husband's abuse was reaching new heights and infidelity was exposed, causing immense pain and betrayal. When I attempted to address the ongoing abuse and infidelity, my husband punched me on my face and abused me so much that my parents and I reached out to my husband's mother and aunt in hopes of finding a resolution. To our dismay, instead of condemning his behaviour and taking steps to rectify it, they suggested that my husband temporarily move out of the house for a short period in the 2nd week of September-2023 while they consider how to proceed was a feeble attempt to pacify the situation. Feeling helpless and cornered, we reluctantly agreed to their proposal, hoping that this separation would lead to positive changes in my husband's behavior and that my husband's mom and aunt would educate him with ethics, values and good behaviour and not to be abusive
24. Instead of acknowledging the harm he had caused and committing to change, he, his mother, and his aunt chose to blame me for speaking out about his misconduct and now I am not the right person for him. My husband's mother and aunt also said that its not right to continue in this marriage as me and my husband and the both families don't have much memories together it will be easy to move on. Their refusal to engage in meaningful dialogue or seek professional help only served to exacerbate the existing problems.
The lack of effort on their part to mend the broken pieces of our marriage was a clear indication of their disdain for me and their willingness to abandon me to my fate. Living alone since my husband's departure, I have been forced to rely on
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my parents for financial support and emotional strength. The uncertainty of my future and the prospect of starting over without the support of my marital family have added to my anxiety and despair. I am constantly gaslighted, manipulated, and coerced into situations that are designed to undermine my credibility and sanity. 25.However, to our shock and disappointment, it became evident that my husband's family had no intention of addressing the underlying issues or working towards reconciliation. 26.I have suffered dowry harassment. physical and mental abuse, inflicting violence constantly from my husband, his mother, his brother, his uncle and his family members. I did not precipitate the matter and report as I did not want to shut the last hope of reconciliation. Despite multiple interventions from concerned family members and friends, my husband continued to show a lack of remorse for his actions. Now that he has withdrawn from my companionship and no relationship survives to salvage and he feels that unless I concede to take his abuses and meet his demand he will isolate me, I deem it appropriate to report. Hence, I request you to note these facts and initiate enquiry and ensure prosecution of all the concerned according to law and punish them.”
(Emphasis added)
A perusal at the complaint would indicate the overt acts that are inflicted on the complainant by petitioner No.1, which would make out the ingredients of the offence punishable under Section 498A of the IPC inter alia. The matter is still at the stage of crime and would require investigation qua the
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allegations made against the husband in the complaint.
Therefore, this Court cannot lend its protective hands under Section 482 of the Cr.P.C and interfere with the investigation qua the husband - petitioner No.1. 9. Insofar as the other petitioners/ accused Nos.2 to 5 are concerned, omnibus allegations of cruelty and demand of dowry are made qua them to draw them into the web of crime. The Apex Court in a plethora of cases has held that the family members of the husband cannot be drawn into the web of crime on the basis of bald and omnibus allegations. 9.1. The Apex Court, in the case of MARAM NIRMALA v. STATE OF TELANGANA1, has held as follows:
“….. ….. ….. 12. The appellant(s) herein are the mother-in-law and father- in-law of respondent No. 2. They had filed a petition under Section 482 of the CrPC seeking quashing of the proceedings instituted against them in C.C. No. 338/2023 pending on the file of the Judicial First Class Magistrate (Prohibition and Excise offence) at Nalgonda alleging offences punishable under Sections 498- A, 323, 504 read with Section 34 of the IPC and Sections 3 and 4 of the DP Act. 13. By the impugned order, the said criminal petition has been disposed of reserving liberty to the
1 2025 SCC OnLine SC 2913
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appellant(s) herein to seek discharge in accordance with law. Hence, this appeal. 14. The case at hand pertains to allegations of cruelty and dowry demand made by the respondent No. 2 against the appellant(s) herein. A bare perusal of the FIR however, shows that the allegations made by respondent No. 2 are vague and omnibus inasmuch as there is an absence of any specific instance or occasion detailed with particulars wherein the appellant(s) demanded dowry from respondent No. 2 and on refusal of the same, subjected her to mental and physical cruelty.
The only allegations levelled by respondent No. 2 against the appellants herein are that subsequent to the birth of her daughter, the conduct of her husband underwent a change, which is stated to have been on account of the alleged inducement exercised by the in-laws including the appellant(s) herein for the purpose of demanding additional dowry and that pursuant to the counselling conducted at the Women Police Station, Nalgonda, although the husband of respondent No. 2 and his family assured that she would be treated properly, they nevertheless continued to subject respondent No. 2 to mental and physical cruelty. 15. We therefore find that the aforesaid allegations levelled against the appellant(s), even if taken at their face value, do not prima facie disclose the commission of the alleged offences so as to warrant the initiation of criminal proceedings. 16. During the course of submissions, learned counsel for the appellant(s) brought to our notice the
judgment of this Court in the case of Dara Lakshmi Narayana v. State of Telangana, (2025) 3 SCC 735 (“Dara Lakshmi Narayana”) as well as other judgments which squarely apply to this case. We have perused the same. 17. This Court speaking through one of us (B.V. Nagarathna, J.) in Dara Lakshmi Narayana, while dealing with the issue of quashing of criminal proceedings instituted by the respondent wife therein against her
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husband and in-laws who were charged with offences punishable under Sections 498A of the IPC and Sections 3 and 4 of the DP Act, 1961, held as follows:
“27. A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well- recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband's family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members. In the present case, Appellants 2 to 6, who are the members of the family of Appellant 1 have been living in different cities and have not resided in the matrimonial house of Appellant 1 and Respondent 2 herein. Hence, they cannot be dragged into criminal prosecution and the same would be an abuse of the process of the law in the absence of specific allegations made against each of them. xxx
30. The inclusion of Section 498- A IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498-AIPC as a tool for unleashing personal vendetta against the husband and his family by a wife.
Making vague and generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal
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processes and an encouragement for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498-A IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them. xxx
31. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498- A IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant, husband of the second respondent herein, a complaint under Section 498-A IPC is lodged by the latter. In fact, the insertion of the said provision is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry. However, sometimes it is misused as in the present case. xxx
34. We, therefore, are of the opinion that the impugned FIR No. 82 of 2022 filed by Respondent 2 was initiated with ulterior motives to settle personal scores and grudges against Appellant 1 and his family members i.e. Appellants 2 to 6 herein. Hence, the present case at hand falls within Category (7) of illustrative parameters highlighted in Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426].
Therefore, the High Court, in the present case, erred in not exercising the powers available to it under Section 482CrPC and thereby failed to prevent abuse of the Court's process by continuing the criminal prosecution against the appellants.” (underlining by us)
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18. Having regard to the facts and circumstances of this case, we find that the judgment of this Court in Dara Lakshmi Narayana would apply. Hence, the impugned order of the High Court is set aside. The proceedings instituted against the appellant(s) in C.C. No. 338/2023 pending on the file of the Judicial First Class Magistrate (Prohibition and Excise offence) at Nalgonda stand quashed in relation to the appellants herein.”
9.2. Later, the Apex Court, in its latest judgment rendered in the case of DR. SUSHIL KUMAR PURBEY v. STATE OF BIHAR2, has held as follows:
“…. …. …. 7. Having considered the submissions advanced by the parties and upon a careful perusal of the material on record, we are of the view that the High Court fell into error in restricting the quashing of criminal proceedings only to the sister-in-law (Respondent 3). A comparative reading of the FIR reveals that the allegations levelled against the sister-in-law and those against the present appellants are, in all material particulars, identical. The FIR does not assign any specific or overt act to either appellant; there are no particular dates, places, or individual acts attributed to them. The lone allegation that stands separately against the present appellants is that they would quarrel. This, however, does not constitute a criminal offence and cannot, by itself, sustain cognizance of the offences under Sections 341, 323, 498A & 34 IPC and Sections 3 & 4 of the Dowry Act for which the appellants have been summoned.
The standard applied by the High Court in quashing proceedings against the sister-in- law, on the ground that the allegations against her were general and omnibus, applies with equal force
22026 SCC OnLine SC 338
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to the present appellants, and there is no principled basis for distinguishing between them. 8. It is further pertinent to note that the marriage was solemnised in July 2019, and the husband filed the divorce petition as early as March 2021. The criminal complaint against the appellants was, however, lodged only in March 2022, nearly a year after the filing of the divorce petition. Though this delay, standing alone, would not constitute a sufficient ground for quashing the criminal proceedings against the appellants. However, viewed in conjunction with the absence of any specific allegations attributable to them, the delay lends credence to the submission that the criminal complaint against the in-laws may have been instituted by way of a counter- blast to the divorce proceedings initiated by the husband. When these two considerations are read together, we are satisfied that the continuation of the criminal proceedings against the present appellants cannot be sustained. 9. Before moving forward, we consider it necessary to clarify that the observations made hereinabove are confined to the question of the maintainability of the criminal proceedings against the present appellants, and must not be construed as an expression of any opinion on the merits of the case as a whole. The criminal proceedings against the husband shall continue in accordance with law. We note, in this context, that the husband did not seek quashing of the proceedings against him before the High Court under Section 482 CrPC; it was only the present appellants and the sister-in-law who did so. The husband is also not before this Court in the present appeal. We therefore find no occasion to comment upon the allegations levelled against him, and the proceedings against him shall be governed by law. 10.
In view of the foregoing, we are of the considered opinion that the High Court erred in applying different standards to persons who stand on an identical footing insofar as the nature of the allegations against them is concerned. Since the allegations against the present appellants and the sister-in-law are, in substance, the same, the
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reasoning that led the High Court to quash the proceedings against the sister-in-law ought equally to have led to the quashing of proceedings against the present appellants. The impugned order, to the extent that it declined to extend such relief to the appellants, cannot be sustained.”
(Emphasis supplied at each instance)
In the light of the afore-quoted judgments of the Apex Court, permitting further investigation qua petitioner Nos.2 to 5 would become an abuse of the process of the law and result in the miscarriage of justice. Therefore, the petition deserves to succeed, albeit in part.
10. For the aforesaid reasons, the following:
ORDER (i) The criminal petition is allowed-in-part; (ii) The crime in Crime No.44/2025 pending on the file of II Additional Chief Judicial Magistrate at Bengaluru Rural District, Bengaluru insofar as petitioner No.1/accused No.1, the husband is concerned stands sustained. (iii) The crime in Crime No.44/2025 pending on the file of II Additional Chief Judicial Magistrate at Bengaluru Rural District, Bengaluru insofar as petitioners No.2 to
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5/accused No.2 to 5 are concerned stands quashed. (iv) Investigation against petitioner No.1/accused No.1 shall ensue and the Investigating Officer shall see to that the investigation is completed expeditiously.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 5 CT:SS