IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.8591 OF 2024 BETWEEN:

1 . SRI KOUSHIK M.S., AGED ABOUT 34 YEARS S/O LATE M.C.SUBBAIAH R/A NO.1154, 2^ND CROSS, PADUVANA ROAD, 4^TH STAGE, T.K.LAYOUT, KUVEMPUNAGAR, MYSURU – 570 023.

2 . SMT.KAMALAKSHI B.P., AGED ABOUT 57 YEARS W/O LATE M.C.SUBBAIAH R/A NO.1154, 2^ND CROSS, PADUVANA ROAD, 4^TH STAGE, T.K.LAYOUT, KUVEMPUNAGAR, MYSURU – 570 023.

... PETITIONERS (BY SRI M.C.RAVI KUMAR, ADVOCATE)

AND:

1 . THE STATION HOUSE OFFICER THE INSPECTOR OF POLICE BASAVANAGUDI WOMEN’S POLICE STATION, THYAGARAJA NAGAR, BANASHANKARI II STAGE, BENGALURU – 560 070 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

2 . SMT.ADVIKA KAVYA PARALAKOTI W/O KAUSHIK M.S., AGED ABOUT 29 YEARS, R/AT NO.2, 1^ST FLOOR, 1^ST MAIN, 1^ST CROSS, 2^ND BLOCK, GRUHALAKSHMI LAYOUT, KAMALANAGAR BASAVESHWARNAGAR, BENGALURU – 560 079.

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI THUSHANATH C.V., ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.19305/2024 PENDING ON FILE OF THE HON’BLE XXXVII ADDL. CMM BENGALURU WHICH IS ARISING OUT OF CR.NO.256/2023 OF BASAVANAGUDI WOMEN POLICE STATION, BENGALURU, FOR ALLEGED OFFENCES P/U/S 498A, 323, 504, 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 31.10.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners/accused Nos.1 and 2 stands at the doors of this Court calling in question the proceedings in CC.No.19305 of 2024 registered for offences punishable under Sections 498A, 323, 504 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Facts adumbrated are as follows:

2.1. The 2^nd respondent is the complainant. The accused no.1 / petitioner no.1 is the husband and the petitioner no.2 / accused no. 2 is the Mother-in-law. The 1^st petitioner and the complainant get married on 19-01-2020. The relationship between the two appears to have turned sore immediately owing to certain compatibility issues. However, a male child was born from the wedlock on 05-09-2021. The 2^nd respondent/complainant is said to have moved out of the matrimonial house to her parents' house after the birth of the child. The 1^st petitioner registers a petition for divorce before the concerned Family Court at Mysore, seeking annulment of marriage in M.C.No.78 of 2022. However, the 2^nd respondent/complainant files a petition in M.C.No.799 of 2022 seeking restitution of conjugal rights. During the subsistence of the aforesaid two proceedings, it is the averment in the petition that the complainant comes to the matrimonial house when the accused nos.1 and 2 were not in the house, breaks open the lock, dismantles the CCTV and enters the house. It is on this score the mother-in-law/2^nd petitioner has registered a private complaint, which is now pending consideration at the hands of the concerned Court in C.C.No.10132 of 2022.

2.2. The 2^nd respondent/complainant then institutes a civil suit in O.S.No.199 of 2023 seeking an injunctory relief against the husband/1^st petitioner restraining him from contracting the second marriage. In the said proceeding, an application is filed by the 1^st petitioner/husband under Order VII Rule 11 of the CPC seeking closure of the proceedings, as that was a suit that was not even entertainable. The complainant then files Criminal Miscellaneous No.16 of 2023 before the concerned Court invoking the provisions of the Domestic Violence Act, 2005. That is challenged before this Court in a separate petition W.P.No.14399 of 2023 and there is an interim order of stay operating against all the members of the family except the husband.

2.3. When things stood thus, the complainant registers a complaint before