SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Kar) 100

IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
S.R. KRISHNA KUMAR, J.
Smt. Shanthamma, W/o. P.M. Nagaraju and Anr. – Petitioners
Versus
State Of Karnataka, Rep. By South Women Police Station, Bangalore City Through State Public Prosecutor and Anr. – Respondents
Criminal Petition No. 7314 of 2025
Decided On : 03-07-2025


Advocates Appeared:
For the Petitioners: Sri. Prakash M.H, Adv.
For the Respondents: Sri. Channappa Erappa, HCGP.

The court quashed the FIR against family members due to vague allegations, establishing that involvement in matrimonial disputes is impermissible unless specific accusations exist.

Headnote:(A) Bharathiya Nyaya Sanhita - Sections 85 and 3(5) - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of FIR - The Court found that the allegations against the petitioners were vague and did not disclose specific instances attracting the offences alleged, reaffirming that involvement of in-laws in matrimonial disputes is impermissible. (Paras 6, 7, 8)

(B) Abuse of Process of Law - Continuation of impugned proceedings against the petitioners amounts to abuse of process, justifying the quashing of the FIR. (Para 8)

Facts of the case:
The FIR was registered based on a complaint by the wife of a petitioner’s son, alleging offences under the relevant laws without substantial evidence against the petitioners.

Findings of Court:
The court ruled that no specific allegations existed against the petitioners that warranted their inclusion in the FIR.

Issues: The main issues addressed were the sufficiency of evidence against the petitioners and the appropriateness of invoking the laws in this context.

Ratio Decidendi: The court emphasized that vague allegations failing to substantiate specific claims do not merit legal proceedings against family members, adhering to precedent on the abuse of process.

Result: The criminal petition is allowed, and the proceedings against the petitioners in the FIR are quashed.

Table of Content
1. factual background of the complaint and parties involved. (Para 2 , 3 , 4)
2. court clarifies the need for specific allegations and condemns vague claims. (Para 5)
3. insufficient specific allegations against petitioners. (Para 6 , 7 , 8)
4. court quashes proceedings due to abuse of process. (Para 9)

ORDER :

(S.R. KRISHNA KUMAR, J.)

In this petition, the petitioners seek the following reliefs:

"Wherefore, it is most humbly prayed this Hon'ble Court be pleased to allow the petition and quash the FIR in Cr.No.50/2025 on the file of 37th Addl. CMM Court, Nrupathunga Road, Bangalore registered by respondent South Women police for the offences punishable under Section 85 & 3(5) of Bharathiya Nyaya Sanhita ( BNS ) and Sec.3 & 4 of Dowry Prohibition Act, 1961 as against the petitioners in interest of justice and equity."

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.

3. Respondent No.2, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition.

4. A perusal of the material on record will indicate that respondent No.2/defacto complainant is the wife of one Chetan Kumar.P.N. Petitioner No.1 is the mother of the said Chetan Kumar while petitioner No.2 is his sister. On 12.05.2025, respondent No.2/defecto complainant filed the instant complaint against her husband-accused No.1 and the petitioners herein-accused Nos.2 and 3 which was registered as an FIR in Crime No.50/2025 for the alleged offences punishable under Sections 85 & 3(5) of Bharathiya Nyaya Sanhita ( BNS ) and Sections 3 and 4 of Dowry Prohibition Act.

5. In this context, the said complaint reads as under:

6. A bare perusal of the aforesaid impugned complaint and the FIR would indicate that all the allegations are primarily directed as against her husband-accused No.1 and except vague, bald, omnibus and general allegations, no specific allegations and instances attracting the aforesaid offences are made as against the petitioners-accused Nos.2 and 3. As a result of which, it is clear that thereby leading to the sole conclusion that the offences alleged against the petitioners are not disclosed in the impugned complaint and the FIR.

7. It is also relevant to state that the Apex Court and this Court repeatedly said that dragging the parents-in-law into matrimonial disputes between husband and wife has been severely depreciated and impermissible in law as held by the Apex Court in the cases of Digambar and Anr vs. State of Maharashtra " [2024 INSC 1019] and Geddam Jhansi and Anr. Vs State Of Telangana and Ors. [2025 INSC 160] .

8. Under these circumstances, I am of the considered opinion that continuation of the impugned proceedings qua the petitioners/accused Nos.2 and 3 would amount to abuse of process of law warranting interference by this Court in the present petition.

9. In the result, the following:

ORDER

i) The criminal petition is allowed.

ii) The impugned proceedings in Crime No.50/2025 pending before 37th Addl. CMM Court, Nrupathunga Road, Bangalore registered by respondent-Police, qua the petitioners, are hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top