Inherent power to quash criminal proceedings under Section 528 BNSS (Section 482 CrPC) is exercised sparingly. Proceedings will not be quashed if a complaint, taken at face value, discloses a prima facie case and raises disputed facts regarding delay or injury, which are matters for trial.

THIS CRIMINAL PETITION IS FILED U/S.528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO PASS ANY ORDER OR DIRECTION QUASHING REGISTRATION OF C.C.NO.288/2025 ARISING IN COMPLAINT WITH WOMEN POLICE STATION BALLARI, CHARGE SHEETED IN/AT CRIME NO. 125/2024 FOR OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 READ WITH SECTION 34 OF IPC AND ALL FURTHER PROCEEDINGS AFTER BEING REGISTERED AT ON THE FILE OF 4TH ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI FOR OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506 READ WITH SECTION 34 OF IPC IN SO FOR PETITIONER/A1 AND A2, IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

The petitioners/accused Nos.1 and 2, who are the husband and mother-in-law of respondent No.2, have preferred this petition under Section 528 of the BNSS, 2023, seeking the following relief:

“WHEREFORE, it is most humbly prayed to the honourable court to;

1) To pass any order or Direction quashing registration of C.C.No.288/2025 arising in complaint with Women Police station Ballari, charge Sheeted in / at Crime No.125/2024 for offences punishable under section 498(A), 323, 504, 506 read with section 34 of IPC and all further proceedings after being registered at on the file of 4th Additional Civil Judge and JMFC, Ballari for offences punishable under section 498A, 323, 504, 506 read with section 34 of IPC insofar petitioners/Accused Nos.1 and 2 in the interest of justice”.

The brief case of the prosecution, as per the complaint, FIR, and charge-sheet material, is that petitioner No.1 is the husband and petitioner No.2 is the mother-in-law of respondent No.2/complainant. The marriage between accused No.1 and respondent No.2 was solemnized as per Muslim rites and rituals. Both petitioners are teachers. It is alleged in the complaint that the petitioners abused the complainant in filthy language, insisted her to bring gold ornaments, assaulted her, and demanded dowry from her father. When respondent No.2 refused, the petitioners subjected her to physical and mental cruelty. Therefore, with these allegations the complaint is lodged against the petitioners and crime has been registered for the aforesaid offences.

Heard arguments of learned counsel for the petitioners and learned counsel for respondent No.2 as well as learned HCGP for State.

Learned counsel for the petitioners submitted that the complaint was lodged only after receipt of a legal notice issued by petitioner No.1 (husband) to respondent No.2, and therefore it amounts to an abuse of the process of the Court. It is further submitted that there is a delay in lodging the complaint. It is also contended that mere filing of the charge sheet does not bar the exercise of powers under Section 482 of Cr.P.C., and that on a bare reading of the complaint, no offence is made out. Hence, prays to quash the proceedings.

In support of his arguments, learned counsel for the petitioners relied upon the following judgments:

i) Charul Shukla Vs State of U.P.& others¹Crl.A.No.__of 2026 (Arising out of SLP (Criminal) No.555/2024)

ii) Maram Nirmala & Anr Vs The State of Telangana & Anr²Crl.A.No.____of 2025 (Arising out of SLP (Crl.) No.7597/2025

iii) Abhishek Mishra Vs The State of Uttar Pradesh & Ors³Petition(s) for SLP (Crl.) No.(s). 2227/2025

On the other hand, learned counsel for respondent No.2/complainant submitted that respondent No.2 has clearly detailed the offences committed by the petitioners, and that the complaint contains specific averments constituting the ingredients of dowry harassment. It is further submitted that there are clear allegations of assault. It is also contended that the petitioners began harassing the complainant after she gave birth to two female children.

Further submitted on a bare reading of the complaint, the offences disclosed are triable in nature and the proceedings cannot be quashed. It is further submitted t