Sri Hariprasad Vs State by

SRI HARIPRASAD S/O CHANDRASHEKAR, AGED ABOUT 29 YEARS, R/AT NO.117, BHOOSHRESTA LAYOUT 1ST MAIN, 5TH CROSS, VARANASI JINKETHIMMANAHALLI, BENGALURU-560036

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…PETITIONER

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(BY SRI. HANUMANTHARAYA D, ADVOCATE)

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AND:

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Digitally signed by REKHA R

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Location: High Court of Karnataka

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STATE BY K R PURAM POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560001

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SMT DIVYA V

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AGED ABOUT 27 YEARS, R/AT NO.23, N.NO. 5TH STREET, ASHRIR KHAN STREET, S C GARDEN BENGALURU-42

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…RESPONDENTS

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(BY SMT.N.ANITHA GIRISH, HCGP FOR R1;

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2 -

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NC: 2025:KHC:33137 CRL.P No. 9324 of 2023 C/W CRL.P No. 4545 of 2023

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HC-KAR

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SMT. SHILPA RANI, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING BEFORE THE X ADDL. CHIEF METROPOLITAN MAGISTRATE, AT MAYOHALL, BENGALURU, IN C.C.NO.53583/2019 BASED ON CR.NO.528/2018 OF THE RESPONDENT KRISHNARAJAPURA POLICE STATION AGAINST THIS PETITIONER / ACCUSED NO.1 FOR THE OFFENCE P/U/S 498(A), 323, 504, 506 OF IPC AND ALLOW THIS CRL.P WITH COST.

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IN CRL.P NO. 4545/2023

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BETWEEN:

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SMT .MALLIGA W/O CHANDRASEKARAN R AGED ABOUT 48 YEARS

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R/AT NO.117, BHOOSHRESTA, 1ST MAIN, 5TH CROSS, VARANASHI, JINKETHIMMANAHALLI BENGALURU-560036

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SRI CHANDRASEKAR

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S/O LATE A.G. RAJENDRAN AGED ABOUT 52 YEARS

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R/AT NO.117, BHOOSHRESTA, 1ST MAIN, 5TH CROSS, VARANASHI, JINKETHIMMANAHALLI BENGALURU-560036

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...PETITIONERS

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(BY SRI. HANUMANTHARAYA D, ADVOCATE)

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AND:

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STATE BY K R PURAM POLICE STATION REPTD BY SPP, HIGH COURT BLD, BANGALORE-01

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3 -

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NC: 2025:KHC:33137 CRL.P No. 9324 of 2023 C/W CRL.P No. 4545 of 2023

HC-KAR

2. DIVYA V

AGED ABOUT 28 YEARS,

NO.23, 5TH STREET, ASHEERKHANA STREET, SIVANSHETTY GARDEN, BANGALORE-560042.

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...RESPONDENTS

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(BY SMT. N.ANITHA GIRISH, HCGP FOR R1;

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SMT.SHILPA RANI, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING BEFORE THE X ADDL. CHIEF METROPOLITAN MAGISTRATE, AT MAYOHALL, BENGALURU, IN C.C.NO.53583/2019 BASED ON CR.NO.528/2018 OF THE RESPONDENT KRISHNARAJAPURA POLICE STATION AGAINST THIS PETITIONER / ACCUSED NO.2 AND 3 FOR THE OFFENCE P/U/S 498(A), 323, 504, 506 OF IPC.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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COMMON ORDER

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In Crl.P.No.9324/2023 accused No.1 and in

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Crl.P.No.4545/2023, accused Nos.2 and 3 are seeking

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quashing of criminal proceedings initiated against them in C.C.No.53583/2019 on the file of X ACMM, Mayo Hall, Bengaluru, arising out of Cr.No.528/2018 of

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NC: 2025:KHC:33137 CRL.P No. 9324 of 2023 C/W CRL.P No. 4545 of 2023

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4 -

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HC-KAR

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Krishnarajapura PS, for the offences punishable under

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Sections 498-A, 323, 504 and 506 IPC.

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For the sake of convenience, parties are referred to by their ranks before the trial Court.

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In support of the petition, accused Nos.1 to 3 have contended that accused No.1 is the husband of complainant. Accused Nos.2 and 3 are the parents of accused No.1. The allegations indicate that complainant and accused No.1 were in love and complainant filed a complaint in Cr.No.152/2014 for rape. A charge sheet came to be filed in S.C.No.762/2014 wherein he was convicted. In Crl.A.No.1126/2017, he secured Bail. Complainant and accused No.1 got married and they also got their marriage registered. The appeal filed by accused No.1 came to be allowed and he was acquitted. Through their wedlock they are having a daughter.

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3.1 Now complainant has chosen to file a false complaint making allegations of cruelty and other offences

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HC-KAR

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and that unable to bear the harassment, complainant attempted suicide by consuming Lizol and that she was saved. Accused Nos.1 to 3 have abandoned complainant and her daughter and fled to Selam.

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3.2 The allegations made in the complaint are false

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and frivolous and as such liable to be quashed. The allegations does not attract the provisions for which it is filed. The allegations made are vague. There are no specific allegations and supporting documents. It is the accused persons who are suffering at the hands of complainant. She is not allowing them to lead a normal life. She has bent upon making their life miserable. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petitions.

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On the other hand learned counsel representing respondent No.2 as well as learned High Court Government Pleader representing respondent No.1 State would submit that, initially complainant and accused No.1

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HC-KAR

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fell in love. However, accused No.1 raped and cheated her and in this regard on the basis of complaint filed by her case in Cr.No.152/2014 was registered and after investigation, charge sheet was filed. In fact, accused No.1 was convicted in the said case. While on bail, accused No.1 kidnapped the complainant and with the help of her father manage to marry her and on that basis secured an acquittal. Through the wedlock, they are having a daughter.

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4.1 After securing acquittal, accused person started harassing and threatening the complainant. Even though accused No.1 set up a separate residence and was staying with complainant, accused Nos.2 and 3 used to come to the house around 11.00 p.m and was preventing him from sleeping with her. On the other hand, they were instigating him to sleep with other women, so that complainant would commit suicide. They were telling him that it would have been better for him to go to jail rather than marry the complainant.

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HC-KAR

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4.2 Unable to bear the harassment, complainant attempted suicide by consuming Lizol. She was taken to the hospital and treated. The accused persons did not allow her to be shifted to the ICU and forcefully brought her back to the house. Since past seven months, the accused persons are forcing her to give divorce to accused No.1, so that he may marry some other girl. Recently, the accused persons have shifted to Salem and she is unable to find them.

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4.3 Based on the complaint, the concerned police have registered case in Cr.No.528/2018 and after conducting detailed investigation filed charge sheet against accused No.1 for the offences punishable under Sections 323, 504 and 506 IPC. There is prima facie material to proceed against the accused persons. The disputed facts cannot be decided in a petition under Section 482 Cr.P.C and pray to dismiss the petitions.

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Heard arguments and perused the record.

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HC-KAR

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The undisputed facts are that in

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S.C.No.762/2014, accused No.1 was prosecuted for the offences punishable under Sections 376 and 417 IPC. He was convicted and sentenced to undergo imprisonment for a period of seven years and pay fine, ₹1,00,000/-, for the offence punishable under section 376 of IPC. He was also sentenced to undergo rigorous imprisonment for one year for the offence punishable under section 417 of IPC. Accused No.1 challenged the same in Crl.A.No.1126/2017 and secured bail. While on bail, accused No.1 kidnapped complainant and married her. He also got the marriage registered.

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Based on the same, he came to be acquitted by this Court, with an observation that since he has married the complainant, now it cannot be said that accused No.1 raped prosecutrix under a false promise of marriage. Of course this Court also held that, on merits, the allegations are not proved. Anyhow fact remains that accused No.1

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HC-KAR

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married complainant subsequent to his conviction and

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during the pendency of the appeal when he was on bail.

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Now the allegations made in the present complaint are required to be appreciated in the light of the previous case wherein accused No.1 was convicted for the offence punishable under Sections 376 and 417 of IPC and

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he got married complainant when he was on bail. In the complaint, the complainant has made specific allegations that accused Nos.2 and 3 were not happy with the marriage of accused No.1 with the complainant and they used to say that it would have been better for him to go to jail rather than marry her. Therefore, they were making all attempts to prevent him from leading a happy married life with the complainant, even though, she has given birth to a girl child through their wedlock.

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She has also alleged that though accused No.1 had set up a separate residence for her, accused Nos.2 and 3 were coming to their house in the night around

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HC-KAR

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11.00 p.m and were preventing accused No.1 from

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sleeping with her and they went to the extent of instigating accused No.1 to sleep with other women so that complainant would commit suicide. In fact, unable to bear the harassment, once complainant attempted suicide

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by consuming Lizol, but fortunately she was saved. Accused No.1, instead of taking care of complainant and their daughter is heeding to the advice of accused Nos.2 and 3 and ultimately has dumped the complaint and all the accused have went to Salem by leaving complainant and her daughter.

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There are specific allegations against all the accused persons. In the light of the undisputed facts and the allegations made in the charge sheet a full fledged trial is required and that the prosecution should be given an opportunity to prove the allegations against the accused persons. In the light of the above circumstances, the

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