ORDER :

M. NAGAPRASANNA, J.

1. The petitioners - accused Nos.3, 4, 6 and 7 are before the Court calling in question the proceedings in C.C.No.54596/2016 on the file of X Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 498A, 504 and 34 of the Indian Penal Code, 1860.

2. Respondent No.2 is the complainant and accused No.1 is the husband of respondent No.2 who is not before the Court. The petitioners are accused Nos.3, 4, 6 and 7 are other members of the family. The relationship between the complainant and accused No.1 turning sour, resulted in plethora of proceedings between the two, either by the husband against the wife or the wife against the husband. One such proceeding is, the complaint registered against the members of the family and the husband, which becomes a crime in Crime No.387/2015 for the afore-quoted offences. The police conduct investigation and file the charge sheet. The filing of the charge sheet is what has driven the petitioners to this Court in the subject petition.

3. Learned counsel appearing for the petitioners submits that a perusal at the charge sheet would not indicate any of the ingredients of the offences even met to its remotest sense in the case at hand. The learned counsel submits that the husband and wife have parted ways long ago and the members of the family are now in the web of crime, continuing in the web of proceedings and would seek quashment of the same.

4. The complainant, though served a year ago, remains unrepresented even today.

5. Learned High Court Government Pleader appearing for the State would submit that it is a matter of trial for the petitioners to come out clean.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts are not in dispute. The relationship between the petitioners and respondent No.2 is a matter of record, that they are the members of the family or distant relatives. A crime comes to be registered. The police conduct investigation and file the charge sheet. The summary of the charge sheet as obtaining in column No.7, which reads as follows:

8. A perusal at the summary of the charge sheet would not indicate even an iota of the ingredients of the offence under Section 498-A of the IPC against these petitioners and other members of the family. If further proceedings at this juncture is permitted to continue against these petitioners, it would be on the face of it, become an abuse of the process of the law and run foul of the judgment of the Apex Court in the case of KAHKASHAN KAUSAR v. STATE OF BIHAR, (2022) 6 SCC 599 or 2022 SCC Online SC 162, wherein it is held as follows:

“Issue involved

10. Having perused the relevant facts and contentions made by the appellants and respondents, in our considered opinion, the foremost issue which requires determination in the instant case is whether allegations made against the appellant in-laws are in the nature of general omnibus allegations and therefore liable to be quashed?

11. Before we delve into greater detail on the nature and content of allegations made, it becomes pertinent to mention that incorporation of Section 498-AIPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid State intervention. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as Section 498-AIPC as instruments to settle personal scores against the husband and his relatives.

12. This Court in its judgment in Rajesh Sharma v. State of U.P. [Rajesh Sharma v. State of U.P., (2018) 10 SCC 472: (2019) 1 SCC (Cri) 301] , has observed : (SCC pp. 478-79, para 14)

“14. Section 498-A was inserted in the