Smt. Pankaja Ashok Vs State of Karnataka

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NC: 2025:KHC:23525 CRL.P No. 2319 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2319 OF 2024 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SMT. PANKAJA ASHOK W/O ASHOK RAJVARDHAN AGED ABOUT 53 YEARS, R/A NO.171/7, MCC APARTMENT, 2^ND STAGE, GRUHALAKSHMI LAYOUT, OPP. BASAVESHWARA NAGAR, KAMALANAGAR, BENGALURU – 560 079.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SRI. ASHOK RAJAVARDHAN S/O SRI RAJAVARDHAN AGED ABOUT 62 YEARS, R/A NO.171/7, MCC APARTMENT, 2^ND STAGE, GRUHALAKSHMI LAYOUT, OPP. BASAVESHWARA NAGAR, KAMALANAGAR, BENGALURU – 560 079.

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TARANJITH ASHOK S/O ASHOK RAJVARDHAN AGED ABOUT 29 YEARS, R/A NO.171/7, MCC APARTMENT, 2^ND STAGE, GRUHALAKSHMI LAYOUT, OPP. BASAVESHWARA NAGAR, KAMALANAGAR, BENGALURU – 560 079.

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…PETITIONERS

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(BY SRI. MAHESH Y.L., ADVOCATE)

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NC: 2025:KHC:23525 CRL.P No. 2319 of 2024

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HC-KAR

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AND:

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STATE OF KARNATAKA BASAVANAGUDI WOMEN P S REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SMT ASHWINI W/O SRI POOJITH, AGED ABOUT 27 YEARS, R/A NO.82, VENKATESHWARA NILAYA, 1^ST LOOR, 1^ST CROSS, KEMPEGOWDANAGARA, T.DASARAHALLI, BENGALURU – 560 057.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED AND UNREPRESNTED)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR REGISTERED BY THE BASAVANAGUDI WOMEN P.S. IN CR.NO.22/2024 (ANNEXURE-A) AND THE COMPLAINT DATED 22.01.2024 (ANNEXURE-B) FOR THE OFFENCES P/U/S 323, 498A, 504, 506 R/W 34 OF IPC, 1860 AND U/S 3 AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF HON’BLE 37^TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU.

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

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

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ORAL ORDER

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In this petition, petitioners seek the following relief:

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“To quash the FIR registered by the Basavanagudi Women P.S. in Crime No. 22/2024 (Annexure-A) and the complaint dated 22.01.2024 (Annexure-B) for the offences punishable under Sections 323, 498A, 504, 506 R/w 34 of

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NC: 2025:KHC:23525 CRL.P No. 2319 of 2024

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HC-KAR

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Indian Penal Code, 1860 (IPC) and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of Hon’ble 37^th Addl. Chief Metropolitan Magistrate Court, Bengaluru, in the interest of justice and equity.”

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Heard learned counsel for the petitioners and learned

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HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented.

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A perusal of the material on record will indicate that respondent No.2 – defacto complainant is the wife of one Poojith, who is arraigned as accused No.1 in the impugned Crime No.22/2024 dated 22.01.2024. In the said FIR, the said Poojith, parents and brother are arraigned as accused Nos.2 to 4, respectively. In this context, a perusal of the impugned complaint and FIR will indicate that except vague, bald, omnibus and general allegations, no specific instance and allegations are forthcoming in the impugned complaint and FIR. In addition thereto, respondent No.2 had earlier filed a complaint on 12.01.2024 not only against her husband – accused No.1, but also against the petitioners herein, which culminated in a non-cognizable report registered as NCR No.37/2024, despite which respondent No.2 has once again

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4 - NC: 2025:KHC:23525 CRL.P No. 2319 of 2024

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HC-KAR

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filed the instant complaint, which is clearly an after thought and amounts to abuse of process of law warranting interference in the present petition.

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