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Karnataka High Court

Chittaranjan Prashad Sinha @ ... vs State Of Karnataka on 13 March, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

Reserved on :24.02.2026
Pronounced on :13.03.2026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.13301 OF 2025

BETWEEN:

1 . CHITTARANJAN PRASHAD SINHA @
CHITTARANJAN KUMAR SINHA
S/O. RAMCHANDRA PRASAD,
AGED ABOUT 64 YEARS,
R/O. NO. 55/B, ASHRAM GHAT
AKHARA GHAT CHOWK,
BALUGHAT, NEAR RN COLLEGE,
MUZAFFARPUR,
BIHAR - 842 001.

2 . SMT. SHUBHAM SHWETA
AGED ABOUT 31 YEARS,
W/O. RAHUL CHANDRA,
R/O. FLAT G01, GROUND FLOOR,
SAI BRINDAVAN MANSION,
KODIGEHALLI, KADUGODI,
BENGALURU - 560 067.

3 . PRANAV PRAKASH
AGED ABOUT 30 YEARS,
S/O CHITTARANJAN PRASHAD SINHA,
R/O. FLAT G01, GROUND FLOOR,
SAI BRINDAVAN MANSION,
2

KODIGEHALLI, KADUGODI,
BENGALURU - 560 067.

ALSO AT NO.556, BANDH ROAD,
BALUGHAT, VTC YEHIYAPUR,
MUZAFFARPUR P.O MARAHLI,
BIHAR - 842 001.
... PETITIONERS
(BY SRI SAMEER SHARMA, ADVOCATE)

AND:

1. STATE OF KARNATAKA
THROUGH KADUGODI POLICE STATION,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR.

2. SRI RAHUL CHANDRA
AGED ABOUT 32 YEARS,
S/O RAVISHANKAR SINHA,
R/O. FLAT NO.410,
'MAA NIVASAM',
VIJAY VIHAR LAYOUT,
KODUGEHALLI,
BENGALURU - 560 048.
... RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SMT.AMRITA MANCHANDA, ADVOCATE FOR R-2 )

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNSS, 2023, PRAYING TO QUASHING THE COMPLAINT DATED
01.10.2024 FILED BY THE RESPONDENT NO.2 HEREIN BEFORE THE
RESPONDENT NO.1 ALLEGING COMMISSION OF OFFENCE BY THE
PETITIONER U/S.3(5), 115(2), 126(2), 351(2), 352 OF BNS 2023
(IMPUGNED COMPLAINT - ANNEXURE 'B'); QUASHING THE FIR
3

DATED 01.10.2024 REGISTERED BY THE RESPONDENT NO.1 IN
CRIME NO.548/2024 ALLEGING COMMISSION OF OFFENCE BY THE
PETITIONER U/S.3(5), 115(2), 126(2), 351(2), 352 OF BNS, 2023
(IMPUGNED FIR - ANNEXURE 'C'); QUASHING THE CHARGE SHEET
DATED 29.10.2024 ALLEGING COMMISSION OF OFFENCE BY THE
PETITIONER U/S.3(5), 115(2), 126(2), 351(2) AND 352 OF BNS
2023 FILED BY THE RESPONDENT NO.1 IN C.C.NO.265/2025
PENDING ON THE FILE OF THE HON'BLE ADDL.CJM BENGALURU
RURAL (IMPUGNED CHARGE SHEET- ANNEXURE 'D'); QUASHING
THE ORDER DATED 22.01.2025 AND ALL SUBSEQUENT ORDERS
RENDERED BY THE HON'BLE ADDL. CJM BENGALURU RURAL
DISTRICT IN C.C.NO.265/2025 (IMPUGNED ORDER-ANNEXURE 'A').

THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 24.02.2026, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners/accused Nos. 1, 2 and 3 are at the doors of

this Court calling in question proceedings in C.C.No.265 of 2025

pending before the Additional Chief Judicial Magistrate, Bangalore

Rural arising out of crime in Crime No.548 of 2024 registered for
4

offences punishable under Sections 3(5), 115(2), 126(2), 351(2)

and 352 of the BNS.

2. Heard Sri Sameer Sharma, learned counsel appearing for

the petitioners, Sri B.N.Jagadeesha, learned Additional State Public

Prosecutor appearing for respondent No.1 and Smt. Amrita

Manchanda, learned counsel appearing for respondent No.2.

3. Facts in brief, germane are as follows: -

3.1.The 1st petitioner is the father-in-law; 2nd petitioner is the

wife and the 3rd petitioner is the brother-in-law of the complainant.

In the case at hand the complaint by the complainant is against his

wife, father-in-law and brother-in-law. The marriage between the

2nd petitioner ('wife') and the 2nd respondent

('husband')/complainant takes place on 20-04-2022 at Muzaffarpur,

Bihar. The couple moved to Bangalore on account of their work

commitments from Bihar. The relationship between the wife and the

husband is said to have floundered on account of various

allegations between the two. In the month of September,2024 the

1st petitioner visits Bangalore to resolve the issue between the wife
5

and the husband, at which point in time, the husband is said to

have assaulted the wife and the 1st petitioner. The 1st

petitioner/father-in-law registers a complaint before the

jurisdictional Police in Crime No.547 of 2024 on 01-10-2024. By the

end of the day, the husband also registers a crime in Crime No.548

of 2024 alleging that on 28-09-2024 the 1st petitioner had assaulted

him with a bamboo stick and the wife and the 3rd petitioner had

abused and threatened the husband.

3.2. The wife files complaint against the husband for

instances of domestic violence meted upon her, which becomes a

crime in Crime No.45 of 2024. The police who were conducting

investigation in the crime registered by the husband in Crime

No.548 of 2024 filed charge sheet. The concerned Court registers

C.C.No.265 of 2025 for the afore-quoted offences. The complainant

and his family members filed Criminal Petition No.14478 of 2024

seeking quashment of crime in Crime No.45 of 2024 registered by

the wife against the husband and his family members. On

09-01-2025 a coordinate Bench grants an interim order only insofar

as the family members are concerned and not against the
6

husband/complainant herein. Trial is on against the husband in the

said proceedings. The petitioners are before this court calling in

question proceedings in C.C.265 of 2025.

4. The learned counsel Sri Sameer Sharma appearing for the

petitioners would vehemently contend that even if the allegations

are taken on their face value, it would not amount to an offence.

The complainant/husband has registered the subject complaint

against the petitioners only to wreak vengeance for the crime

registered by the wife against the husband. There is no substance

in the allegation that, a 64 years old man can assault with a

bamboo stick, a 32 years old man. It is only to harass the

petitioners, the complainant has registered the complaint.

5. Per contra, the learned counsel Smt. Amrita Manchanda

appearing for the 2nd respondent/husband would vehemently refute

the submissions in contending that the wound certificate so issued

by the appropriate hospital is not completely made a part of the

charge sheet. The MLC register of the said date rendered by the

Axis Hospital is deliberately left out while filing the charge sheet.

She would contend that these are matters of evidence, as the
7

charge sheet is already filed against the petitioners. Every act of

the husband cannot mean that it is an act of wreaking vengeance

against the wife or her family members. The husband has been

abused and assaulted. Therefore, the proceedings must continue is

the submission of the learned counsel for the 2nd respondent.

6. The learned Additional State Public Prosecutor

Sri B.N. Jagadeesha would only submit that the Police after

investigation have filed a charge sheet. Therefore, it is for the

petitioners to come out clean in a full-blown trial.

7. I have given my anxious consideration to the submissions

made by the respective learned counsel and have perused the

material on record.

8. The afore-narrated facts, dates and link in the chain of

events are all a matter of record. The 2nd petitioner/wife and the

complainant/husband got married on 20-04-2022. The relationship

between the two began to turn sore. Several instances of the wife

being assaulted repeatedly is narrated in the petition. The MLC

husband is appended to the petition. The husband is said to have

assaulted the 3rd petitioner who visited the 2nd petitioner/wife being

her brother to check whether the sister was safe. Another Medico

Legal Case is registered against the husband on 18-08-2024, which

depicts assault by the husband upon the wife or the 3rd petitioner.

The wife owing to harassment by the husband registers a complaint

on 15-10-2024 narrating vivid details of what has transpired. The

complaint reads as follows:

"To,
The Station House Officer
Whitefield Women's Police Station
Whitefield Main Road,
Bengaluru, Karnataka - 560048.

Sir,

Subject: Complaint regarding infliction of cruelty and
demand of dowry by Mr. Rahul Chandra, Mr. Ravishankar
Sinha, Mrs. Sarita Sinha, Mrs. Supriva Shekhar,
Mr. Swarnesh Shekhar, Mr. Abhimanyu Aditya and
Mrs. Suchita Suchi.

I, the undersigned Mrs. Shubham Shweta, W/o. Mr. Rahul
Chandra, aged about 31 years, residing at No.MaaNivasam,
flat no 410 state the chain of events which have led to the
filing of the present complaint: -

1. I state that I am filing the present Complaint seeking the
registration of a First Information Report (FIR) and
initiation of criminal proceedings against the following
persons for the infliction of cruelty and harassment as
9

against me, coupled with the demand of dowry, both of
which are offences punishable under the Bharatiya Nyaya
Sanhita (BNS), 2023 and under the Dowry Prohibition
Act, 1961, the details and facts pertaining to which shall
be stated elaborately in the following parts of the present
Complaint: -

Mr. Rahul Chandra - my husband.
Mr. Ravishankar Sinha - my father-in-law.
Mrs. Sarita Sinha - my mother-in-law.
Mrs. Supriya Shekhar - my sister-in-law.
Mr. Swarnesh Shekhar - my brother-in-law.
Mr. Abhimanyu Aditya - my brother-in-law.
Mrs. Suchita Suchi - my sister-in-law.

2. I state that I am constrained to prefer the present
Complaint as against the aforesaid persons as a result of
continuous cruelty, verbal, physical & mental harassment
and repeated instances of threats to safety of my life and
well-being that has been meted out upon me, primarily
by my husband, however, also actively aided and abetted
by my in-laws, right from the inception of my marriage.
Being genuinely fearful of my life and well-being, as well
as being aggrieved by the repeated instances of cruelty
and abuse meted out upon me by my in-laws, I am filing
the present Complaint for your kind consideration and
suitable action from your end. The facts forming the basis
of the present Complaint are as follows:-

I. Demand for Dowry: I state that I got married to my
husband, Mr. Rahul Chandra, in Muzaffarpur, Bihar, on
20.04.2022, upon following Hindu religious customs. I
state that the same was an arranged marriage, that was
conducted with the majority share of expenses having
been borne by my parents. It is pertinent to note that my
present in-laws were extremely adamant that the lion's
share of the expenses of the wedding and all ceremonies
be borne by my parents. It is also in line with this desire
of my in-laws that my father and my family were forced
to furnish dowry to the tune of Rs. 20,00,000/- (Rupees
Twenty Lakhs Only) in cash and Rs. 15,00,000/- (Rupees
Fifteen Lakhs Only) in the form of gold in favour of my
10

husband's family. Copy of the Marriage Invitation Card in
relation to my marriage with my husband is produced as
Document No. 1. Copy of the jewellery bill, which
evidences the purchase of a portion of jewellery in
furtherance of payment of dowry in favour of my
husband's family is produced as Document No. 2.

II. I state that it was because of excessive and relentless
demands for dowry that my parents were forced to make
payments in the form of cash and gold in the manner as
stated above.

III. Financial abandonment: Post marriage, I state that I
continued to work from home in my job, which was a
contract-based employment in a company based in
Hyderabad. My husband, at that point in time was
working for Siemens. Shortly after the aforesaid
marriage, we moved to Bangalore in June 2022.
Immediately upon shifting to Bangalore, differences
started arising between my husband and myself over the
smallest of issues all because of the insensitive attitude
displayed by my husband. The said differences initially
began in the form of lack of financial contribution by my
husband, in respect of household expenses and other
financial commitments of my own. I state that, every
time where there arose requirement either on my part or
pertaining to household expenses which required my
husband to contribute financially, he would flatly refuse
and start throwing tantrums characterised by aggressive
behaviour and short temper. I state that as a result of
such situation, I myself had to take care of all the
aforesaid expenses between July 2022 till January 2023,
despite my contract in the above mentioned job having
come to an end. Therefore, this marks the most vivid
instance of financial abandonment by my husband.

IV. Unreasonable restrictions on movement: I also state
that in addition to financially abandoning me, my husband
started placing unreasonable and draconian restrictions
with regard to my movement. I was specifically
threatened by my husband that I must not visit my
maternal home as it would entail waste of time and
money and lead to unnecessary expenditure. I was told
11

by my husband that if at all I had to travel, I ought to do
it with my own money. I state that despite making
multiple requests I was not allowed to visit my parents.
In fact it is relevant to note that when I had specifically
asked my husband to book tickets to visit my parents at
Muzaffarpur after having visited my in laws house in
Hajipur during first chhat puja after marriage, my
husband, instead of having a conversation with me about
the same, immediately called my mother in law, Mrs.
Sarita Sinha, and began narrating the entire chain of
events. It is at this stage that my mother in law would
tutor my husband to speak ill about me and dissuade him
from exceeding to my demands. I state that being
influenced by the same my husband started abusing me
in vulgar language and started manhandling me by
pushing me to the wall and hitting me repeatedly. Such
acts of violence also included my husband dramatically
and unnecessarily throwing my mobile phone to the
ground, all in order to prevent me from speaking to my
own parents. In fact it is pertinent to state that my phone
was broken 3 times by my husband in this phase alone. It
is also necessary to state that when my grandmother
passed away in April 2023 even at that point in time did
not let me visit my family, they are restraining me from
going anywhere.

V. Complete neglect and abandonment during times of
ill-health: I further state that in addition to the above,
the cruelty meted out to me by my husband took another
shape and form when during the end of 2022, my
husband started completely neglecting me and my
deteriorating health, thereby leading to worsening of my
health. Around that time I was afflicted with various
elements such as low Vitamin B12, Vitamin D, affliction of
fatty liver and anaemia as a result of which I felt dizzy
and weak. I state that instead of taking care of me my
husband would insist that being the wife, it was my duty
and obligation to clean the house, cook, do laundry and
the dishes, irrespective of whether I was healthy or
unhealthy. My demands for a house maid were rejected
at the threshold and I was made to feel embarrassed for
even making such demands. In fact, my husband would
resort to abusive gestures and words and he would
12

constantly be little me, thereby forcing me to engage in
household chores. In addition to my husband's
objectionable behaviour, all of my in-laws as stated above
only made things was by siding with my husband and
thereby validating his behaviour of abuse and cruelty.
They would say that being a male, my husband was not
supposed to help me out in carrying out household chores
and since I was a female, it was completely incumbent
upon me, irrespective of the health of mine, to do
household chores.

VI. Forcible driving out of matrimonial home: I further
state that, the aforementioned behaviour of my husband
to completely neglect my health conditions only worsened
in August 2023 when despite having acute cough and cold
and a high fever my husband failed to take me to a
doctor despite repeated requests and begging to this
effect from my end. My husband would constantly be little
me and demean me by stating that going to a doctor for
the benefit of a person like me would only lead to a waste
of money and time. In fact, despite it being evident that I
was genuinely sick, my husband would try to undermine
the medical status of mine by stating that all I do is sit at
home, then how is it that I can fall sick. Since it became
intolerable for me to live with my husband during such
difficult times, I was forced to leave the matrimonial
home and seek shelter at my brother's home in
Hyderabad. It is only after having recovered a little from
my medical elements that I was in a position to come
back to Bangalore in September 2023.

VII. Instances of verbal abuse: While the foregoing are
demonstrable instances of abuse and cruelty meted by
my husband upon me, the verbal abuse always remained
concerted from day one. My husband would call me
unparliamentary and profane terms such as "Kuthiya"
(Dog), "gawaar" (Illiterate) etc., which had a direct
impact on my mental wellbeing. I state that, when I
would ask him to stop using such words, my husband
would hold my hair, pulled my face to the wall and slap
me repeatedly. Such kind of behaviour at the hands of
my husband slowly started increasing at around night
time every day as a result of which I would never get
13

proper sleep at night. As a result of such behaviour, I was
forced to sleep in a separate room. My husband would
ensure that such abusive behaviour ought to be meted
out towards me more so during the night, as that would
eventually affect my sleep overnight. I state that this is
also one of the reasons as to why my health deteriorated
in the manner that it did.

VIII. Instances of verbal abuse at the hands of my
mother-in-law: I state that, the aforementioned verbal
abuse at the hands of my husband was also seconded and
made worse by the utterances of my mother-in-law.
Allegations were made against me by my mother in law
that I am of no use and that my family is also of no use
since we did not give in the form of dowry any dining
table, sofa, car to my husband at the time of marriage.

IX. Instances of physical assault: I state that one of the
most abusive instances of my husband physically
assaulting me took place in Goa on 02.10.2023. 1 further
state that both my husband and I had gone to Goa on a
work sponsored trip organised by my office. During the
entirety of the set trip, my husband was constantly
verbally abusing me and berating my father for not giving
any money for booking a flat. When I tried to explain to
him that my father was not in a position to provide any
money because he is now retired from service, instead of
accepting my statement and letting me take rest since I
had high fever, my husband mercilessly beat me at
around midnight on 02.10.2023. This unfortunate habit of
laying his hands on me continued even after we returned
to Bangalore, wherein, instead of taking care of me and
taking me to a doctor owing to my fever, he again hit me
badly on 06.10.2023. I state that the situation had got so
bad that my brother had to intervene, as a result of which
he came all the way from Hyderabad to Bangalore and
took me to a doctor. It is at this stage that I was taken to
Manipal Hospital with the assistance of my brother. It is
upon the concerned doctor's examination and diagnosis
that an MLC was registered. Simultaneously a complaint
came to be filed as against my husband in Kadugodi
Police Station. However, it is upon the advice of elders in
14

the family that I was persuaded to withdraw the said
complaint on the score of the undertaking that my
husband was pleased to provide, which was that he will
never hit me again. Copy of the MLC dated 07.10.2023
registered by Manipal Hospital is produced as Document
No. 3.

X However, not being satisfied and being extremely scared
of my own wellbeing, I was forced to leave my own
matrimonial home and once again was constrained to
take shelter at my brother's home in Hyderabad. It is only
after having recovered from the trauma occasioned at the
hands of my husband a little bit, that we came back to
my husband during the Diwali season of 2023. Being
concerned for my safety, my brother also shifted to
Bangalore so that he could constantly check on me.

XI Instances of physical assault upon my family
members: It is pertinent to note that, in addition to
physically abusing and assaulting me, my husband also
took liberty to physically assault my brother as well. The
said instance took place on 17.08.2024 when my husband
picked a fight with my brother for no rhyme or reason as
my brother came to visit me that night and then
proceeded to unnecessarily involve our neighbours and
guards by falsely concocting a story that my brother was
trying to hurt him. However, not falling prey to the mala
fide attempts of my husband, the said neighbours and
caretakers quickly disbelieved my husband and want him
to conduct himself properly towards my brother and
myself. Not heading to the said advice of the neighbours
and caretakers, my husband switched off the lights and
cctv and started mercilessly slapping me and twisting my
arm. Since my brother was there in order to intervene
and save me from my husband, when my brother stepped
in, my husband started hitting my brother and punched
his face. At this point my brother ran outside of our home
and immediately called the neighbours and placed a call
to the Police at around 2:00 AM on 18.08.2024. Upon
receiving this call, the Police immediately rushed to our
house and suggested that we go see a doctor and register
a formal complaint against my husband. When we went to
the hospital, Manipal Hospital, upon examination an MLC
15

what is the registered on 18.08.2024. Copy of the MLC
dated 18.08.2024 registered by Manipal Hospital is
produced as Document No. 4.

XII. In light of the above facts, I proceeded to the women
police station at Whitefield and narrated the incidents that
have taken place. At this juncture the police summoned
my husband on 23.08.2024 and proceeded to conduct
counselling between my husband and me. The outcome of
the said counselling was an undertaking given by my
husband dated 23.08.2024 wherein he undertook to take
care of me come on my personal needs and my health as
well as contributing to household expenditure, not resort
to verbally abusing and humiliating me and my family
members or to physically beat, assault or abuse me; and
most importantly give me freedom to proceed and meet
my family members and allow them to come home as
they deem fit. Copy of the said undertaking is produced
as Document No.5.

XIII. I state that despite the above, even in September 2024
physical and verbal abuse at the hands of my husband
has continued unabated. In fact, when my father came to
Bangalore on 27th September to my brother's place in
order to speak to my husband and his parents as they are
also in Bangalore. On 28th sept my husband took me and
my father to show the flat which he has taken in Garuda
Grand in block B on 3rd floor which is under construction
as it becomes relevant to note that my husband started
arguing with me in my father's presence and pushed me
on one occasion in order to cause grievous hurt to me,
while returning near the staircase, When my father
intervened, my husband started manhandling my father
and hit him on his face and chest. As a result of this my
father's nose started bleeding and his glasses broke. As
we came down and called the police who told us to go to
doctor for treatment to us, we were forced to avail
treatment at the Vydehi hospital and doctor did our MLC,
dated 28/09/24 which is at Kadugodi PS. I further state
that in this regard, upon a complaint being given by my
father as against my husband the Kadugodi police station
was pleased to register an FIR bearing Cr. No. 548/2024
16

as against my husband for various offences punishable
under the BNS.

3. Therefore, in light of the above narration of facts, it is
evident that the husband of mine has been constantly and
relentlessly causing abuse and cruelty upon me and I
therefore call upon you to appropriately register an FIR
against him for offences punishable under the BNS and
the Dowry Prohibition Act, 1961. As regards the role
played by my in-laws is concerned, it is obvious that all of
them have only harboured and sheltered my husband and
have only encouraged him in order to commit these
atrocities upon me and my family. As a result it is only
but evident that all of them should also be proceeded
against under the provisions of BNS and the Dowry
Prohibition Act, 1961. The multiple text messages and
conversations had with my father in law, copies of which
are produced in the present Complaint, only go to show
that despite bringing all of the abusive and cruel acts of
my husband to his knowledge, he has taken no action and
has kept quiet. In fact, my father-in-law would actively
coerce me to live separately and away from the family.
The same only indicates equal responsibility on his part to
the barbaric acts of my husband. As stated earlier, my
mother in law has on multiple occasions been abusive
towards me, has tutored my husband in order to inflict
more pain and misery upon me and has continued to be
little me and my family on one pretext or the other. My
sisters-in-law and my brothers-in-law have only
facilitated reacts of my husband. As a result of the same,
all of them also must be proceeded against.

4. In view of the above and the fact that the offences
committed by my husband and his family members are
cognisable offences, it is imperative and urgent that you
goodself register a First Information Report under the
provisions of the BNSS, 2023, against the said persons
for the commission of the offences as described above
and further grant me police protection from the said
persons.

Yours faithfully,
17

Shubham Shweta"

The crime is registered for offences punishable under Section 498A

IPC inter alia against the husband/2nd respondent and his family

members. Criminal Petition No.14478 of 2024 is preferred by the

husband and his family members. A coordinate Bench of this Court

on 09-01-2025 grants interim order of stay, only insofar as accused

Nos. 2 to 7 are concerned and not the husband, the present

complainant. After registration of the said complaint, it appears that

the father-in-law, 1st petitioner visits the complainant and seeks to

make an attempt to resolve the dispute between the two, at which

point in time, it appears, the 1st petitioner/father-in-law is alleged

to have assaulted the complainant/son-in-law with a bamboo stick.

This becomes a subject matter of complaint on 01-10-2024. The

complaint reads as follows: -

"TO,

Police Inspector,
Kadugudi Police Station,
Bangalore City - 560067

From,
Rahul Chandra,
R/o. Flat No. 410, 'Maa Nivasam',
18

Vijay Vihar Layout, Kodugehalli,
Bengaluru -560048
Mob.: 9886573561

Sub: Complaint against my;
Father-in-law (Chittaranjan Prashad Sinha)
Wife (Shubham Shweta)
Brother-in-law (Pranav Prakash)

Incident date: 28th September, 2024, my father-in-law has
beaten me with the bamboo stick on my head, and somehow, I
managed to safe my head and got hit on my arm and shoulder.
This is the second attempt by my father-in-law, over just a
small argument between my wife. My father-in-law tried the
same act almost an year ago. My father-in-law assaulted me
several times also abused me and my family members many
times on call and by physical action.

Lastly my wife threatened me and my mother and my family.
She mentally harassed me that I could not concentrate on my
work, without any reason she keeps shouting on me over small
things. She keeps her brother who is staying very next
apartment to us, making things worst on my relationship. My
wife always leaves my place/flat in a very odd time. My wife
also not involving in family social function."

This becomes a crime in Crime No.548 of 2024. The police conduct

investigation and interfering in a family dispute also file a charge

sheet. The summary of the charge sheet reads as follows: -

"17. ೇ ನ ಸಂ ಪ ಾ ಾಂಶ
19

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28/09/2024 ರಂದು ಾ -1 ರವರು ಾಲಂ ನಂ 12 ರ ಎ1 Hಂದ ಎ3 ಆ ೋ0ಗಳ Mೊ1ೆ
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ಾ -1 ರವ ೊಂ# ೆ ಜಗಳ 1ೆ ೆದು Cೈ#ದು$ ನಂತರ ಎ1 ಮತು ಎ2 ಆ ೋ0ಗ%ಬXರು ಾ -
1 ರವರನುG ಮುಂದ ೆY 2ೋಗದಂ1ೆ ತZೆದು ಅ*ಾಚ6ಶಬ$ಗ%ಂದ Cೈದು ೈಗ%ಂದ 2ೊZೆದು
ಾ\ಾರಣ ಸ]ರೂಪ Iೋವ^ಂಟು 8ಾ ನಂತರ ಎ1 Hಂದ ಎ3 ಆ ೋ0ಗಳ_ ೇH ೊಂಡು
ಾ -1 ರವH ೆ 7ನGನುG ಸುಮPIೆ Bಡುವ^#ಲ ಎಂದು CೆದH ೆ 2ಾUರುವ^ದು ತ7`ೆaಂದ
ಲಭ6Qರುವ ಾcಾ\ಾರಗ%ಂದ ಧೃಡಪ ರುತ ೆ."

If the complaint and the summary of the charge sheet are read in

tandem, what would unmistakably emerge is that the husband/

complainant has registered the crime as a counter-blast to wreak

vengeance against the wife/2nd petitioner and her family members

who have registered complaint against the complainant and his

family members.

9. While entertaining the petition, after hearing both the

learned counsel for the petitioners and the 2nd respondent, this
20

Court granted an interim order on 08-01-2026. The interim order

reads as follows:

"ORAL ORDER ON I.A. NO.1/2025

The petitioners - accused Nos.1, 2 and 3 are at the doors of this Court calling in question the proceedings in C.C. No.265/2025 registered for the following offences:

"THE BHARATIYA NYAYA SANHITA (BNS), 2023 U/s. 3(5), 352, 126(2), 115(2), 351(2)"

2. The learned counsel Sri Sameer Sharma, appearing for the petitioners would contend that the present crime so registered is only to wreak vengeance against the petitioners. The 2nd petitioner and the complainant get married on 20.04.2022. It transpires that the relationship between the two has floundered and on floundering of the relationship, the 2nd petitioner - wife has registered several cases against the husband. The cases are, the one for the offence punishable under Section 498A of the Indian Penal Code, 1860 inter alia which is a crime in Crime No.45/2024. The second alleging assault which becomes a crime in Crime No.547/2024. The third being a proceeding invoking Section 12 of the Domestic Violence Act, 2005, where the concerned Court has passed the following order:

"O R D E R IA.I and II filed by the petitioner are hereby allowed.

The respondents are hereby restrained from committing any further acts of Domestic Violence against the petitioner from aiding or abetting the commission of such acts, and from causing any harm or violence to the dependents, other relatives or any person who is assisting the petitioner in seeking protection from Domestic Violence and also restraining the respondents from alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the petitioner and

respondents or singly by the respondents, including stridhan or any other property held either jointly by the parties or separately by them, jewellery and cloths given at the time of marriage till disposal of this case.

Further office is directed to intimate this order to the concerned protection officer and jurisdictional police. Further office is directed to issue free copy of the order to the petitioner.

Issue notice to respondents. Call on 15.09.2025."

After the aforesaid proceedings, on a particular date i.e on 28.09.2024, it transpires that the petitioners and the complainant visited an apartment complex to see the house. It is there it transpires that there has been certain assault on the husband, the 2nd respondent - complainant.

The complaint so registered by the husband against the petitioner is as follows:

      "To,                                Date: 1st Oct, 2024

      Police Inspector,
      Kadugudi Police Station,
      Bangalore City-560067.

      From,

      Rahul Chandra,
      R/o. Flat No.410, 'Maa Nivasam',
      Vijay Vihar Layout, Kodugehalli,
      Bengaluru-560048
      Mob.: 9886573561

      Sub:    Complaint against my;

Father-in-law (Chittaranjan Prashad Sinha) Wife (Shubham Shweta) Brother-in-law (Pranav Prakash)

Incident date: 28th September, 2024, my father-in-law has beaten me with the bamboo stick on my head, and somehow, I managed to safe my head and got hit on my arm and shoulder. This is the second attempt by my father- in-law, over just a small argument between my wife. My father-in-law tried the same act almost an year ago. My father-in-law assaulted me several times also abused me and my family members many times on call and by physical action.

My brother-in-law (Pranav Prakash) always interfered between me and my wife. He abused and allowed his sister (my wife) to make violence act on me and threatened several times in front of my close family members and society. He and my wife defamed me several times. Lastly my wife threatened me and my mother and my family. She mentally harassed me that I could not concentrate on my work, without any reason she keeps shouting on me over small things. She keeps her brother who is staying very next apartment to us, making things worst on my relationship. My wife always leaves my place/flat in a very odd time. My wife also not involving in family social function.

Rahul Chandra, R/o. Flat No. 410, 'Maa Nivasam', Vijay Vihar Layout, Kodugehalli, Bengaluru 560048 Mob.: 9886573561 By a bamboo stick, it is said that the petitioners have assaulted on the head of the complainant. The wound certificate drawn upon the said injury is as follows:

"NAME RAHUL CHANDRA S/o Ravishankar sinha AGE: 31 years SEX: Male RELIGION: H

ADDRESS: Maa nivasam, Vijay vihar Layout, no.410, Kotaghalli main road, Bangalore-560048 HOSPITAL NO.: OPD DATE & TIME OF EXAM: 28-9-2024 at 6.00 P.M. IDENTIFICATION MARKS:

1) Alleged history of assault on 28/9/2024 at 5:10 p.m.

2) The above referred patient came to the hospital with certain ........................Injuries.......................................................

Said to have been caused on 28/9/24 and due to Accident / Assault / Poisoning / Burns When the Following injuries were found.

(1) Abrasion over right arm I am of the opinion that * Opinion: - Simple injury"

The injury is abrasion over right arm and the opinion is that the injuries are simple in nature. This is the charge sheet material.

Learned counsel appearing for the respondent No.2 - Ms.Amrita Manchanda, would vehemently contend that the charge sheet so filed is based upon short material. There is the Medico-Legal case (MLC) sheet that is drawn and the hospital is suppressed. According to the counsel, the Medico-Legal case entry is as follows:

      "Sustained injury to      Lt   arm by
        bamboo sticiwod

      UE pain in   Lt     arm

      -Bleeding +
                                                                       RP
      - abrassion + on Lt arm                         x ray   OR

                                                                             AP /
      No Hlo Loc vomittig, No any
      Other part injury

      Inj T.T IM Stat
         wound dressing

      Patient want to do MLC

*This Registration is valid for 5 Days for the same Speciality

Tab. Augmentin 625 mg 1-0-1 x 5 days A/F Tab. Pan D 1-0-1 x 3 days B/F Tab. Alonac P 1-0-1 x 3 days A/F Reeew Sos"

The MLC though forms a part of the investigation while filing the charge sheet this appears to have been ignored by the Investigating Officer. Even otherwise, it is contradictory in terms to the wound certificate. Therefore, what should prevail is what is required to be answered. In the light of the answer to be rendered and the method of proceedings instituted by the wife against the husband, the improbability prima facie springs and the matter requires consideration.

The learned counsel for 2nd respondent - complainant is at liberty to file a detailed statement of objections producing all the documents. The State shall also secure the entire charge sheet material if they do not form part of the charge sheet material already filed.

In the light of the aforesaid reasons, the further proceedings in C.C. No.265/2025 pending before the Additional Chief Judicial Magistrate, Bengaluru Rural District, shall remain stayed till the examination of the entire charge sheet material.

List the matter on 30.01.2026."

The interim order captures the entire spectrum of dispute between

the two. Now what remains is, whether the proceedings must be

permitted to continue. The interim order also captures wound

certificate of the injury. The wound certificate records history of

assault and found no injuries anywhere except abrasion over the

right arm and the wound is said to be simple in nature. The 2nd

respondent/husband sought to place reliance upon MLC register of

the said date which is not part of the charge sheet. It is

contradictory to the wound certificate. Even the MLC records an

abrasion on left arm and sort of bleeding.

10. The entire argument of the learned counsel for the 2nd

respondent is that the crime should be permitted to be continued,

on the score that MLC records something more than what the

wound certificate would record. The complainant was examined on

the same day. If the wound certificate issued by the hospital

recorded something more than what is on record, it would have

been a different circumstance. The wound certificate and

examination of the complainant on the same day record only

abrasion. The MLC records bleeding and other instance which is

rendered at a later point in time. Therefore, what is found is several

inconsistencies, inherent improbabilities and the act of the

complainant to wreak vengeance against the wife who had

registered a crime against the husband and his family members or

several proceedings against them, as that had the effect of

registering the subject complaint as a counter blast. Therefore, if

further proceedings are permitted to continue in the case at hand, it

would amount to an abuse of the process of law and result in

miscarriage of justice.

11. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is allowed.

(ii) The proceedings in C.C.No.265 of 2025 pending before the Additional Chief Judicial Magistrate, Bangalore Rural, Bangalore arising out of Crime No.548 of 2024 registered by the 2nd respondent stands quashed.

(iii) It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of petitioners under Section 528 of BNSS and the same shall not bind or influence other proceedings pending between the same parties.

Sd/-

(M.NAGAPRASANNA) JUDGE

bkp CT:MJ