IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10001 OF 2024 BETWEEN:

ALFRED DEVID S/O LATE PRADRIK DEVID AGED ABOUT 49 YEARS R/AT NO.3, 11^TH FLOOR TOWER TEN, TATA NEW HAVEN DASANAPURA, BENGALURU – 562 162.

…PETITIONER (BY SRI KEERTHI PRASAD D. C., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY Digitally signed STATION HOUSE OFFICER by NAGAVENI SOUTH EAST WOMEN POLICE STATION Location : High BENGALURU CITY Court of BY STATE PUBLIC PROSECUTOR Karnataka HIGH COURT OF KARNATAKA BENGALURU – 560 001.

2. OLIVA D’SOUZA W/O ALFRED DAVID AGED ABOUT 47 YEARS W/O ALFRED DEVID NO.70, EAGLE RIDGE BEGURU KOPPA ROAD BENGALURU – 560 068.

…RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;

R2 – SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS CC NO.19379/2024 FOR THE OFFENCES P/U/S 498A, 323, 504, 506 IPC IN CRIME NO.0022/2024 BY THE SOUTH EAST WOMAN POLICE STATION BENGALURU CITY PENDING ON THE FILE OF

39TH ACMM COURT, NRUPATUNGA ROAD, BENGALURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question proceedings in C.C.No.19379/2024, pending before the 39^th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, for the offences under Sections 323, 498A, 504 and

506 of the IPC.

2. Heard Sri Keerthi Prasad D.C., learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. Respondent No.2 – complainant though served, has chosen to remain unrepresented.

3. Facts in brief, germane, are as follows:

The petitioner is the husband of respondent No.2 –

complainant. The marriage between the two has given raise to several proceedings. A crime comes to be registered in Crime No.198/2022, for the offences under Section 498A and 506 of the IPC. A charge sheet is filed against the husband in the said crime and the matter is pending in C.C.No.29757/2022. A second complaint is registered on an incident that takes place on 10.04.2024. The incident is, the husband abuses the complainant and children in filthy language, assaults and snatches the key of the house from the hands of the wife and therefore, the crime is registered for the offences under Sections 323, 498A, 504 and 506 of the IPC. The police conduct investigation and file a charge sheet. Filing of the charge sheet has driven the petitioner – husband to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would vehemently contend that all the allegations in the complaint or the charge sheet would not meet the ingredients of the offences. He would submit that already a complaint is registered on the same set of facts and alleging harassment and torture and the present complaint is second in line, on the very same allegations. There is no corroborative material against the petitioner for the alleged offences. The parties are already before the concerned Court seeking decree of divorce and the present proceedings are only initiated with malafide intention.

5. Per contra, the learned Additional State Public Prosecutor appearing for respondent No.1 – State would vehemently refute the submissions, contending that there are allegations against the petitioner, both in the complaint as well as in the charge sheet. There is no interference warranted by this Court as the petitioner has to face trial and come out clean.

He would seek dismissal of the petition.

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 parties, is also not in dispute. After the marriage between the petitioner and complainant went irrevocably sore. The irrevocability was attributed