IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.12815 OF 2023 (482(Cr.PC) / 528(BNSS)

C/W CRIMINAL PETITION NO.10965 OF 2023(482(Cr.PC) / 528(BNSS)

IN CRL.P.No.12815/2023:

BETWEEN:

1. SRI. SHIVASHANKAR R.D.

SON OF LATE DASAIAH. M, AGED ABOUT 45 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4^TH CROSS, SOMESHWARANAGAR, JAYANAGAR III BLOCK, BANGALORE-560 011.

2. SMT. MUNIRATHNAMMA Digitally WIFE OF LATE DASAIAH. M, signed by AGED ABOUT 75 YEARS, CHANDANA B M RESIDING AT NO.125, Location: GROUND FLOOR, 4^TH CROSS, High Court of SOMESHWARANAGAR, Karnataka JAYANAGAR III BLOCK, BANGALORE-560 011.

3. SMT. DHANALAKSHMAMMA R.D.

DAUGHTER OF LATE. DASAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4^TH CROSS, SOMESHWARANAGAR, JAYANAGAR, BANGALORE-560 011.

(SHOWN AS DHANALAKSHMI IN FIR)

4. SMT. BHAGYALAKSHMAMMA. R.D.

DAUGHTER OF LATE. M. DASAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4^TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3^RD BLOCK BANGALORE-560 011.

(SHOWN AS BHAGYAMMA IN FIR)

5. SRI. VENKATESH. R. D.

SON OF LATE M.DASAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4^TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3^RD BLOCK BANGALORE-560 011.

6. SMT. MANJULA VENKATESH WIFE OF SRI. R.D.VENKATESH, AGED ABOUT 45 YEARS, RESIDING AT NO.125, GROUND FLOOR, 4^TH CROSS, SOMESHWARANAGAR, JAYANAGAR 3^RD BLOCK, BANGALORE-560 011.

…PETITIONERS (BY SRI. VENKATESH PRASAD R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA MADHUGIRI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 002. 2. SMT. VANI. K. V.

DAUGHTER OF VENKATARAMAPPA, AGED ABOUT 32 YEARS, RESIDING AT SIDDAPURA GATE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU - 572 141.

…RESPONDENTS (BY SRI. THEJESH P., HCGPF OR R-1; R-2 SERVED BUT UNREPRESENTED)

THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.160/2023 MADHUGIRI P.S., ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT, MADHUGIRI, WHICH IS REGISTERED AGAINST THE PETITIONER / ACCUSED NOS.1 TO 6 AND OTHERS FOR THE OFFENCE P/U/S 498A, 494, 34 OF IPC AND U/S 3 AND 4 OF D.P. ACT.

IN CRL.P.NO.10965/2023:

BETWEEN:

1. SRI. SHASHISHEKHARA, S/O LATE DASAIAH M, AGED ABOUT 50 YEARS, PRESENTLY RESIDING AT 1841 FINCH DR PA19020 UNITED STATES OF AMERICA.

2. SMT RAI DEY WIFE OF SRI SHASHISHEKARA, AGED ABOUT 44 YEARS, PRESENTLY RESIDING AT 1841, FINCH DR PA 19020 UNITED STATE OF AMERICA (WRONGLY SHOWN AS PRIYA AS ACCUSES NO 8 IN THE FIR)

...PETITIONERS (BY SRI. VENKATESH PRASAD R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA MADHUGIRI POLICE STATION, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE.

2. SMT VANI K V DAUGHTER OF VENKATARAMAPPA, AGED ABOUT 32 YEARS, RESIDING AT SIDDAPURA GATE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU ...RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1;

R-2 SERVED BUT UNREPESENTED)

THIS CRL.P. IS FILED U/S.482 CR.P. PRAYING TO QUASH ENTIRE PROCEEDINGS IN FIR IN CR.NO.160/2023 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT, MADHUGIRI WHICH IS REGISTERED AGAINST THE PETITIONER/ACCUSED NO.7 AND OTHER FOR THE OFFENCE P/U/S.498-A, 494, 34 OF IPC AND SEC.3, 4 OF DP ACT

1961.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

Both these petitions seek quashing of the impugned proceedings in C.C.No.79/2023 arising out of FIR in Crime No.160/2023 on the file of the Prl. Senior Civil Judge & CJM, Madhugiri. It is a matter of record that the petitioners in Crl.P.No.12815/2023 are arraigned as accused Nos.1 to 6 while the petitioners in Crl.P.No.10965/2023 are arraigned as accused Nos.7 and 8 in the said proceedings, which were initiated pursuant to a complaint dated 23.09.2023 lodged by 2^nd respondent, who is the de-facto complainant in both the petitions.

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and l