Criminal proceedings must be quashed if they lack a prima facie case and constitute an abuse of the legal process, particularly in cases surrounding allegations without sufficient direct evidence.

ORDER :

J.M. Khazi, J.

These petitions are filed under Section 482 of the Code of Criminal Procedure, to quash of criminal proceedings initiated against the petitioners.

2. In Crl.P.No.2070/2023, petitioners are arraigned as accused Nos.2 to 6. They are seeking quashing of the criminal proceedings initiated against them in C.C.No.17919/2022 on the file of XIII Addl.Civil Judge and JMFC, Mysuru (arising out of Cr.No.24/2021 of Women PS of Mysuru District), for the offences punishable under Sections 4 98-A, 324, 327 r/w Section 3 and 4 of Dowry Prohibition Act.

3. In Crl.P.No.7117/2023, petitioners are arraigned as accused Nos.1 to 8. They are seeking quashing of the criminal proceedings initiated against them in S.C.No.158/2023 on the file of VII Addl.District and Sessions Judge, Mysuru, arising out Cr.No.244/2021 of Nanjangud PS, for the offences punishable under Section 3 06 r/w Section 3 4 IPC.

4. Respondent No.2 in Crl.P.No.2070/2023 is petitioner/accused No.1 in Crl.P.No.7117/2023. She filed a complaint against her husband (accused No.1) and his relatives (accused Nos.2 to 6) alleging harassment and other offences towards demand of dowry. However, subsequently, her husband i.e., accused No.1 committed suicide. In respect of the said incident, his father Chikkusaiah (respondent No.2 in Crl.P.No.7117/2023) filed complaint based upon which charge sheet came to be filed in S.C.No.158/2023.

5. Since the facts leading to the filing of these complaints and parties are common, these two petitions are clubbed together and disposed of by a common order.

6. In support of the petition, petitioners in Crl.P.No.2070/2023 have contended that on account of continued harassment and false accusations made against him and his family members, the husband of respondent No.2 i.e., accused No.1 Mahesha. C, committed suicide by jumping into a canal. This itself goes to show that there was no justification or prima facie case against him and his relatives. According to the respondent No.2 Lakshmi K.D, she left the matrimonial home and was residing with her parents when the complaint was filed. It was the said Lakshmi K.D, her parents and gundas who came from Holenarasipura to the residence of Mahesha. C and assaulted him and his sister Manjula, who was immediately rushed to the Hospital. Thereafter, Lakshmi K.D, has filed a false complaint. The continuation of the proceedings is nothing but abuse of the process of the law.

6.1 Petitioners are innocent and law abiding citizens. Unable to bear the humiliation, Mahesha. C, committed suicide. There are no allegations that petitioners have used chopper and club to assault Lakshmi K.D and the charge sheet also does not refer to any injury certificate. No weapons are seized. It is the petitioners and accused No.1 who are the victims at the hands of Lakshmi K.D and her family members. In the complaint filed against Lakshmi K.D and others, they are facing trial in Cr.No.244/2021. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition.

7. In support of his arguments, learned counsel for petitioners has relied upon the following decisions:

(i) Latheefmiyan Vs. State of Karnataka (Latheefmiyan), ILR 2007 KAR 105

(ii) Murali & Anr. Vs. State of Kerala (Murali), 2024 SCC Online KER 3301

(iii) Atul Kumar Vs. State of NCT of Delhi and Anr. (Atul Kumar), 2021 SCC Online Del 4107

(iv) Puthiya Purayil Shaji Vs. State of Kerala (Puthiya Purayil), 2025 SCC Online KER 3471

(v) Prakash & Ors. Vs. State of Maharashtra and Anr. (Prakash), 2024 SCC Online SC 3835

(vi)