SRI SHIVAPPA N B vs STATE OF KARNATAKA BY - 2025 Supreme(Online)(KAR) 4273

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2025 Supreme(Online)(KAR) 4273

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13586 OF 2023 (482(Cr.PC) / 528(BNSS)-)
BETWEEN:
1. SRI. SHIVAPPA N.B.
S/O NAVULAPPA, AGED ABOUT 74 YEARS, R/AT NIDIGE VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 222.
2. SMT. RASHMI YATHISH KUMAR W/O YATHISH KUMAR, AGED ABOUT 43 YEARS, SOLLAPURA, TARIKERE TALUK, CHICKMAGALURU DISTRICT - 577 550.
3. RAMYA N.B.
D/O SHIVAPPA N.B.
AGED ABOUT 36 YEARS, R/AT NIDIGE VILLAGE, SHIVAMOGGA TALUK , SHIVAMOGGA DISTRICT - 577 222.
Digitally signed by ARUNKUMAR M S …PETITIONERS Location: H igh Court of Karnataka (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, SHIVAMOGGA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. ANITHA B.S.
W/O PRASANNA N.B.
AGED ABOUT 39 YEARS, OCC.: HOUSEWIFE R/AT NO.75, SRI. LAKSHMIVENKATESHWARA NILAYA, 2^ND MAIN, 2^ND CROSS, KRUSHI NAGARA, SHIVAMOGGA CITY - 577 201.
…RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 RESPONDENT NO.2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. AND COMPLAINT IN CRIME NO.83/2023 OF SHIVAMOGGA WOMEN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 114 AND 34 OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT PENDING ON THE FILE OF THE JMFC., 2^ND COURT, SHIVAMOGGA IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR

Petitioner Advocates:S G RAJENDRA REDDY ,Respondent Advocate:

ORAL ORDER

In this petition, petitioners seeks following relief: "Quash the F.I.R. and complaint in Crime No.83/2023 of Shivamogga Women Police Station registered for the offences punishable under Sections 498A, 323, 504, 506, 114 and 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the JMFC 2^nd Court, Shivamogga in the interest of justice."

2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.1 and perused the material on record.

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

4. A perusal of the material on record will indicate that the respondent No.2-defacto complainant is the wife of one Sri. Prasanna N.B., who is none other than the son of the petitioner No.1 and brother of petitioners 2 and 3. It is a matter of record and an undisputed fact that the respondent No.2 filed impugned complaint dated 26^th July, 2023, which was registered as F.I.R. in Crime No.83/2023 by the Shivamogga Women Police Station, Shivamogga against the petitioner-accused Nos.3 to 5 and two others, who are the husband and mother-in-law of the respondent No.2 for the offences punishable under Sections 498A, 323, 504, 506, 114 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

5. In this context, perusal of the impugned complaint will indicate that, except vague, bald, sweeping and omnibus allegations as against the petitioners, necessary specific allegations and material particular/details with regard to alleged commission of offences by the petitioner-accused Nos.3 to 5 are conspicuously missing and absent in the impugned complaint. Therefore, I am of the considered opinion that the continuation of impugned proceedings qua the petitioner-accused Nos.3 to 5 would amount to abuse of process of law warranting interference by this Court in the present petition.

6. In the result, I pass the following:

O R D E R

1) Criminal Petition is allowed;

2) The impugned F.I.R. and complaint in Crime No.83/2023 registered by the Shivamogga Women Police Station, Shivamogga for the offences punishable under Sections 498A, 323, 504, 506, 114 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act pending on the file of the JMFC. 2nd Court, Shivamogga qua the petitioner-accused Nos.3 to 5 are hereby quashed

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