The High Court of Karnataka quashed the FIR registered under Sections 324, 504, and 506 IPC in a family dispute matter. The court held that the petitioners' conduct appeared to demonstrate an ulterior motive for vengeance, rendering the continuation of criminal proceedings an abuse of the process of law.
The impugned FIR in Crime No.79/2023 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:26848 CRL.P No. 3608 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3608 OF 2023
BETWEEN:
THE PETITIONER NO. 1,2 AND 3 ARE R/O NO 10, HADO SIDDAPURA HADOSIDDAPURA BENGALURU EAST 560 035.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. R V ANAND, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. H S SHANKAR, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CR.NO.79/2023 (ANNEXURE A) FOR THE OFFENCES P/U/S 324,504,506 R/W 34 OF IPC AGAINST THE PETITIONERS (MALUR POLICE STATION KOLAR DISTRICT), ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, MALUR.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners - accused Nos.1 to 5 are sought to be prosecuted for the offences punishable under Sections 324, 504, 506 read with Section 34 of IPC.
younger daughter of accused No.4 and sister-in-law of accused No.3. On 7.5.2022, the accused assaulted the informant, and his mother, and threatened him with dire consequence. The registration of FIR of the aforesaid offences is impugned in this petition.
for the parties.
ORDER
i) Criminal petition is allowed.
NC: 2023:KHC:26848 CRL.P No. 3608 of 2023
ii) The impugned FIR in Crime No.79/2023 registered by the Malur Police Station, Kolar District, pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC, Malur, is hereby quashed.
Sd/JUDGE
BKM
2 issues framed by the court
Whether the criminal proceedings under Sections 324, 504, and 506 IPC arising from a marital dispute based on a delayed FIR should be quashed.
Whether the delay in lodging the FIR without plausible explanation and lack of material regarding injuries or specific allegations of abuse justify quashing the FIR.
2 provisions across 2 enactments
N Srilakshmi W/O Kishore
N Nagaraju S/O H K Narayanappa
Smt Meera W/O N Nagaraju
Smtgowramma M W/O H Venkatesh
V Komala
State Of Karnataka By Sub Inspector Malur Police Station Kolar District
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
