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2025 Supreme(Kar) 1416

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI, J.
 
Sri Karthik B S, S/o Shivakumar B.S. - Appellant 
Versus 
The State Of Karnataka - Respondent 
Writ Petition No. 18001 of 2023 (GM-RES)
Decided On : 21-08-2025

Advocates Appeared:
For the Appellant :SRI. SUYOG HERELE.E, ADVOCATE
For the Respondent: SRI.B.LAKSHMAN, SRI.VENKATESH.S.ARABATTI

Court's dismissal of petition emphasizes the necessity for investigation of serious allegations in family disputes without presuming falsehood.

Headnote:(A) Constitution of India - Articles 226 and 227 - Code of Criminal Procedure - Section 482 - Writ petition filed to quash criminal proceedings under IPC and Dowry Prohibition Act regarding allegations of dowry and abuse - Allegations deemed strong enough to warrant investigation - Court dismisses petition for accused Nos.2 to 5, allowing withdrawal option for accused No.1. (Paras 1, 4, 8)

(B) Criminal Proceedings - Grounds for quashing - Court holds that mere allegations do not substantiate the quashing of FIR when prima facie case exists - Continuance of proceedings is not abuse of legal process. (Paras 3, 8)

Facts of the case:
The petitioners are related by marriage; the complaint involves multiple counts of dowry harassment and assault after marriage on 06.12.2019, asserting that the complaint is lodged as retaliation for seeking restitution of conjugal rights.

Findings of Court:
The relationship facts are undisputed; specific accusations of harassment and demands for money were made, justifying further investigation based on the compelling nature of the allegations.

Issues: The main issue regarding the validity of the FIR and whether the allegations warrant further proceedings despite claims of falsehood.

Ratio Decidendi: The court determined that significant allegations merit investigation, and the potential for abuse in these scenarios does not negate the gravity of the claims made.

Result: Petition dismissed for accused Nos.2 to 5; petitioner No.1 allowed to withdraw.

Table of Content
1. allegations of harassment and dowry demands presented. (Para 2 , 3)
2. arguments for and against the quashing of fir. (Para 4)
3. underlying issues of evidence and previous conduct. (Para 6 , 7)
4. need for full investigation upheld. (Para 8)

ORDER :

J.M.KHAZI, J.
Petitioners who are arraigned as accused Nos.1 to 5 have filed this writ petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure to quash the criminal proceedings in Cr.No.61/2023 of Tiptur Rural PS, for the offences punishable under Sections 498-A, 323, 324, 506, 149 of IPC, Section s 3 and 4 of Dowry Prohibition Act ('DP Act' for short).

2. In support of the petition, the petitioners have contended that petitioner Nos.2 and 3 are the parents of petitioner No.1. Petitioner Nos.4 and 5 are the brother and sister-in-law of petitioner Nos.2 and 3. The marriage of petitioner No.1 and respondent No.2 was performed on 06.12.2019 at Shiva Shanthi Wedding Hall, Tiptur. They are having a son who is now aged 4 years. After the delivery when respondent No.2 failed to return to the matrimonial home, petitioner No.1 filed MC.No.214/2023 for restitution of conjugal rights. Making false allegations of demand of dowry and other allegations, respondent No.2 has filed complaint which is registered in Cr.No.61/2023.

2.1 Petitioners have not committed the alleged offences. They are innocent and law abiding citizens. Only to tarnish their image and reputation and to harass and humiliate them, false complaint is filed. After petitioner No.1 filed petition for restitution of conjugal rights, as an after thought false complaint is filed. The allegations made are vague and bald. Petitioner No.2 is a practicing advocate. Continuation of the proceedings would amount to abuse of the process of the Court and hence the petition.

3. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that the marriage of petitioner No.1 and respondent No.2 was performed on 06.12.2019 at Tiptur. It was an arranged marriage. Before the marriage, on the insistence of petitioners engagement ceremony was held on 13.06.2019 in a grand manner, spending Rs.2 lakhs. Petitioner No.4 insisted for payment of Rs.2 lakhs towards down payment for purchase of a new car. He took initiative of the marriage. Wedding was celebrated by spending more than Rs.50 lakhs giving gold ornaments and silver articles and cash of Rs.8 lakhs towards the marriage expenses of the groom side. For Honey moon they went to Malaysia and its expenses in a sum of Rs.2 lakhs was also borne by father of respondent No.2.

3.1 After the honey moon when they visited the house of parents of respondent No.2, petitioner No.1 left her there for a period of 40 days. Petitioners did not respond to the franatic calls made by her parents to take her to the matrimonial home. On 19.01.2020, petitioner No.3 made a call to the mother of respondent No.2 and said that respondent No.2 is not suitable for her son and she looks like an old lady. Ultimately, with great difficulty respondent No.2 was sent to the matrimonial home by her parents.

3.2 However, immediately, petitioners started harassing respondent No.2. Petitioner No.1 was shamelessly discussing their personal matters with his father, including the clothes which she was wore on the previous night. He was demanding whether she was having any boy friends and had physical relationship with them. Petitioner No.2 was very abusive and used to talk very low of her parents. Petitioner No.2 was commenting on her. They were not satisfied with the money spent for her marriage. She was forced to do all the household work. Petitioner No.1 used her as a sex slave. Petitioners were demanding respondent No.2 to get a Toyota Innova Crysta or a site. When petitioner No.1 decided to shift to Bengaluru, they, more particularly petitioner Nos.4 and 5 started demanding respondent No.2 to ge

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