Karnataka High Court
Arijit Roy vs State Of Karnataka on 2 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23594
CRL.P No. 710 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.710 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
1. ARIJIT ROY
S/O PRABODH CHANDRA ROY,
AGED ABOUT 44 YEARS,
RESIDING AT NO. 306, SLV BELMONT,
BASAVANAPURA ROAD, K.R. PURAM,
BENGALURU-560049.
ALSO AT:
RESIDING AT NO.3/B,
SURYASEN NAGAR,
KASTADANGA ROAD,
SARSUNA, KOLKATA-700061.
2. CHHAYA ROY
W/O PRABODH ROY,
Digitally signed by AGED ABOUT 69 YEARS,
MAHALAKSHMI B M
Location: HIGH 3. PRABODH CHANDRA ROY
COURT OF
KARNATAKA S/O LATE KESAB CH ROY
AGED ABOUT 75 YEARS,
4. RAJDEEP ROY
S/O PRABODH CHANDRA ROY
AGED ABOUT 38 YEARS,
THE ABOVE PETITIONER NO.2 TO 4 ARE
RESIDING AT NO. 3/B, SURYASEN NAGAR,
KASTADANGA ROAD, SARSUNA,
PARGANAS, WEST BENGAL-700061.
...PETITIONERS
(BY SMT. AKSHATHA PRASAD M.D., ADVOCATE)
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AND:
1. STATE OF KARNATAKA
THROUGH EAST ZONE WOMEN PS,
PULAKESHINAGAR SUB-DIVISION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560001.
2. MANDIRA DEBNATH
D/O MAKHANALA DEBNATH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.306, SLV BELMONT,
BASAVANAPURA ROAD, AYAPPANAGARA,
BUTTARAHALLI, K.R. PURAM,
BENGALURU-560049.
ALSO AT:
RESIDING AT NO.76,
MAHARSHI BUILDING,
NAGONDANAHALLI MAIN ROAD,
CHANNASANDRA, WHITEFIELD,
BENGALURU-560067.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R-1;
SRI HARISH KUMAR M.C., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE COMPLAINT DATED 09.07.2019
FILED IN WOMEN'S P.S., SHIVAJINAGAR EAST, BENGALURU VIDE
ANNEXURE-A AND THE CONSEQUENT F.I.R. DATED 09.07.2019
VIDE ANNEXURE-B IN CR.NO.0061/2019, BEFORE IVTH ADDL. CMM
COURT NRUPATHUNGA ROAD, BENGALURU CITY, REGISTERED
BY THE 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S 498A,
506 AND 504 OF IPC, 1860 AND UNDER SECTION 3 AND 4 OF THE
DOWRY PROHIBITION ACT, 1961.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 710 of 2024
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ORAL ORDER
In this petition, petitioners seek the following reliefs -
a. Quash the complaint dated 09.07.2019 filed in
Womens P.S. Shivajinagara East Block vide Annexure
'A' and the consequent FIR dated 09.07.2019 vide
Annexure 'B' in Crime No.0061/2019 before IVth Addl.
CMM Court, Nrupathunga Road, Bangalore City,
registered by the 1st respondent police for the offences
punishable under Section 498A, 506 and 504 of the
Indian Penal Code, 1860 and under Section 3 and 4 of
the Dowry Prohibition Act, 1961.
b. Quash the charge sheet dated 23.03.2020,
vide Annexure 'C', in Crime No.0061/2019, pending on
the file of 6th Addl. CMM Court, Nrupathunga Road,
Bangalore City.
c. Quash the proceedings in CC No.13069/2020,
pending on the file of 6th Addl. CMM Court,
Nrupathunga Road, Bangalore City and
d. Grant such other appropriate order/direction, as
this Hon'ble Court may deem fit, in the circumstances
of the case and in the interest of justice.
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2. Heard the learned counsel for the petitioners and learned
counsel for respondent No.2 - defacto complainant and perused
the material on record.
3. A perusal of the material on record will indicate that the
second respondent - defacto complainant is the wife of petitioner
No.1 - accused No.1, Prabodh Roy, while petitioner Nos.2 and 3
are his parents and petitioner No.4 is his brother. The respondent
No.2 - defacto complainant filed the impugned complaint dated
09.07.2019 against the petitioner No.1 - accused No.1, registered
as Crime No.61/2019 against all the petitioners - accused Nos.1 to
4 for the alleged offences punishable under Sections 498A, 506
and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
In pursuance thereof, the respondent No.1, police authorities have
filed charge sheet which is currently pending in C.C.
No.13069/2020. Meanwhile, matrimonial proceedings in M.C.
No.361/2020 filed by respondent No.2 against petitioner No.1 came
to be allowed vide judgment and decree dated 23.08.2022. A
perusal of the material on record, in particular the complaint, FIR,
charge sheet material, statement of witnesses and documents,
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etc., will indicate that except vague, bald and omnibus and general
allegations, there are no specific allegations made against the
petitioners No.2 to 4 so as to incriminate them for the offences
alleged against them. Under these circumstances, I am of the view
that the impugned proceedings qua petitioners No.2 to 4 - Accused
Nos.2 to 4 deserves to be quashed.
4. In so far as petitioner No.1 - accused No.1 is concerned,
learned counsel for the petitioners submits that the petition may be
disposed of reserving liberty in favour of petitioner No.1 to seek
discharge - file discharge application, which may be directed to be
considered by the trial Court in accordance with law.
5. The submission is placed on record. In the result, I pass the
following -
ORDER
1. The petition is hereby partly allowed.
2. The impugned proceedings in CC No.13069/2020
qua petitioners No.2 to 4 - accused Nos.2 to 4 are
hereby quashed.
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3. The petitioner in so far as petitioner No.1 - accused
No.1 is concerned, is disposed of reserving liberty
in favour of the petitioner No.1 to seek discharge -
file discharge application before the trial Court,
which shall consider the same and pass
appropriate orders in accordance with law.
4. All rival contentions and all aspects of the matter
are kept open and no opinion is expressed on the
same.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
YKL
