IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4238 OF 2023 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MR. APARMAYA SHUKLA, AGED 42 YEARS, S/O DR. SUSHIL KUMAR SHUKLA, NO.534, RAINDROPS APARTMENTS, HARALUR ROAD, AMBALIPURA BANGALORE CITY-560100 …PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE)

AND:

1. STATE BY WOMEN POLICE STATION, EAST ZONE, PULAKESHINAGAR SUB DIVISION, SHIVAJINAGAR BANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR.

2. MRS. GARIMA MISHRA, Digitally AGED 41 YEARS, signed by LEELAVATHI W/O APARMAYA SHUKLA, S R PRESENTLY R/AT E5-903, Location:

SNN RAJ GREENBAY APARTMENTS, High Court of Karnataka ELECRONIC CITY PHASE-2 BENGALURU-560100 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, SRI OMRAN KHAN, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.210/2022 REGISTERED BY THE 1^st RESPONDENT WOMEN POLICE STATION, EAST ZONE, PULAKESHINAGAR SUB DIVISION AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION

506, 498-A, 504, 323 OF IPC, PENDING BEFORE THE VI ADDL.C.M.M., BENGALURU.

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

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“For the foregoing reasons, the petitioner prays that the Hon’ble Court be pleased to quash the FIR in Crime No.210/2022 pending before VI ACMM, Bengaluru, registered by the 1^st Respondent Women Police Station, East Zone, Pulakeshinagar Sub-Division, against the petitioner for the offences punishable under Sections 506, 498A, 504, 323 of IPC and grant such other reliefs as the Hon’ble Court deems fit to grant, in the ends of equity and justice.”

2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that prior to respondent No.2 wife lodging the instant complaint registered as FIR in Crime No.210/2022, earlier proceedings in G& WC No.35/2021, M.C.No.431/2022 and Crl.Mis.No.1103/2023 had already been instituted by the petitioner against respondent No.2 and the same were pending adjudication. During the pendency of the said proceedings, respondent No.2 filed the instant complaint dated 26.11.2022, which is assailed in the present petition.

4. Before adverting to the averments made in the complaint, it would be necessary to state that the allegations and claims made by respondent No.2 against the petitioner in relation to the alleged acts of domestic violence and cruelty are already the subject matter of the proceedings before the learned Magistrate in Crl.Mis.No.210/2022 and that in Crl.P.6740/2023, the same was quashed by this Court only in so far as the petitioner’s father, brother and cousin sister. In other words, the grievance of the petitioner and respondent No.2 ventilated in complaint dated 26.11.2022 have already been seized by the learned Magistrate under the Domestic Violence Act. The aforesaid complaint dated

26.11.2022 reads as under:

“ To, The Station House Officer, Women Police Station, Shivajinagar Bengaluru – 560 051.

Sub: Complaint against Mr. Aparmaya Shukla, residing at Flat No. 53, Raindrops Apartment, Haralur Road, Ambalipura, Bengaluru – 560 100(Mob. No. 89713966361)

Respected Sir/Madam I am Garima Mishra residing at E5-903, SNN Green Bay Apartment, Electronic City Phase-2, Bengaluru – 560 100 with my 2 years old daughter and I am working in an IT Company in Bangalore.

I got married to Mr. Aparmaya Shukla S/o Shushil Kumar Shukla in 27/02/2009 at Varanasi and was living with him at Bangalore.

From past many years I have been a victim of domestic violence, physical assault and much more atrocities by my husband Mr. Aparmaya shukla, however I have been silent towards his inhuman behavior for sake for marriage and family.

After prolong eff