SMT LEELAVATHI vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57083
WP No. 20739 of 2025


CNR: KAHC010454422025








IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION NO. 20739 OF 2025 (GM-RES)

BETWEEN:

1.
SMT LEELAVATHI
W/O LATE ADHIMULAM
AGED ABOUT 57 YEARS
R/AT NO. B.21/3
DRDO QUARTERS
C V RAMANNAGAR
BENGALURU 560093

2. SMT.LATHA
W/O BABU
AGED ABOUT 38 YEARS
RESIDING AT SARVA NILAYA
SBM COLONY
MATHIKERE
BENGALURU 560054

3. SMT.BHUVANESHWARI
W/O PANDYARAJ
AGED ABOUT 36 YEARS
RESIDING AT NO.14
ST
GROUND FLOOR 1 BLOCK
CHINNAPPA GARDEN
HORAMAVU MAINROAD
BENGALURU 560043










Digitally signed by
ASHWINI MAYAPPA
MAVARAKAR
Location: HIGH COURT
OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57083
WP No. 20739 of 2025


CNR: KAHC010454422025



4. SRI BABU
S/O SUBRAMANI
AGED ABOUT 45 YEARS
R/AT SARVA NILAYA
SBM COLONY
MATHIKERE
BENGALURU 560054
…PETITIONERS
(BY SRI. AJAY N., ADVOCATE)
AND:

1. STATE OF KARNATAKA
BY EAST ZONE WOMEN PS
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUIDING
BENGALURU 560001

2. SMT S R NIVEDA
W/O GANESH MURTHY A
AGED ABOUT 32 YEARS
R/AT NO.1827
ND ND
2 BLOCK, 2 STAGE
DR .AJKUMAR ROAD
RAJAJINAGAR
BENGALURU 560010
…RESPONDENTS
(BY SRI.Y. NAGARAJ., ADVOCATE FOR
SRI. C. SHANKAR REDDY, ADV FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE
WRIT, ORDER OR DIRECTION QUASHING ENTIRE PROCEEDING
C.C NO. 17333/20223 PENDING ON THE FILE OF THE LEARNED
XI ADDL. CHIEF JUDICIAL MAGISTRATE, FOR THE OFFENCES

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HC-KAR
NC: 2026:KHC:57083
WP No. 20739 of 2025


CNR: KAHC010454422025



PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 R/W
34 OF THE INDIAN PENAL CODE, 1860 ARRAIGNING THE
PETITIONERS AS ACCUSED NO.2 TO 5 (VIDE ANNEXURE -D)B.
CONSEQUENTLY, ISSUE AN APPROPRIATE WRIT ORDER OR
DIRECTION QUASHING THE COMPLAINT AND FIR IN CRIME
NO. 208/2022 DATED 05.12.2022 AND CHARGESHEET IN C.C.
NO. 17333/2023 FILED BY THE RESPONDENT POLICE FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND
506 R/W 34 OF THE INDIAN PENAL CODE, 1860 ARRAIGNING
THE PETITIONERS AS ACCUSED NO.2 TO 5 (VIDE ANNEXURE
B, A AND C)
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.Ajay N., learned counsel for the petitioners and
Smt.Waheeda M. M., learned High Court Government Pleader
and Sri. Y. Nagaraj, for Sri. C.Shankar Reddy learned counsel
for respondent No.2.
2. Petition is filed under Articles 226 and 227 of the
Constitution of India read with Section 482 of Criminal
Procedure Code with the following prayers:

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NC: 2026:KHC:57083
WP No. 20739 of 2025


CNR: KAHC010454422025



“ Wherefore, it is most humbly prayed that this Hon'ble
Court be pleased to:
i. Issue an appropriate writ, order or direction
quashing entire proceeding C.C.No.17333/2023
pending on the file of the learned XI Addl. Chief
Judicial Magistrate for the offences punishable
under Sections 498A, 323, 504 and 506 read
with 34 of the Indian Penal Code, 1860
arraigning the petitioners as accused Nos.2 to 5
(vide Annexure D);
ii. Consequently, issue an appropriate writ order or
direction quashing the complaint and FIR in
Crime No.208/2022 dated 05.12.2022 and
chargesheet in C.C.No.17333/2023 filed by the
respondent police for the offence punishable
under Sections 498A, 323, 504 and 506 read
with 34 of the Indian Penal Code, 1860
arraigning the petitioners as accused No.2 to 5
(vide Annexure-B, A and C)

iii. Pass/issue such other needy directions/orders in
favor of the petitioners under the circumstances
of the case in the interest of justice.

3. Petitioners are accused Nos.2 to 5 in respect of the
charge sheet filed by the East Zone Women Police station,
Bengaluru, which is now pending in C.C.No.17333/2023 for the

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offences punishable under Section 498A, 323, 504, 506 read
with Section 34 IPC, pursuant to the complaint filed by
respondent No.2.
4. Facts in the nutshell, which are utmost necessary
for disposal of the present petition are as under:
A complaint came to be lodged by the second respondent
against the petitioners and accused No.1 contending that her
marriage took place with accused No.1 as per the Hindu Rites
and Customs in Ashoka Convention Hall, Rajajinagar on
06.02.2022. During the time of marriage, 40 grams of gold
was given to accused No.1 as dowry and 480 grams gold was
gifted to second respondent by her parents besides spending
` 50,00,000/- for marriage. After the marriage, for about 3 to
4 months couple lived happy married life and thereafter in
order to clear the debts incurred by accused No.1, there was a
demand of dowry in a sum of ` 1,00,000/- and when second
respondent failed to fulfill the illegal demand, accused No.1
and present petitioners with a common intention to harass the
second respondent, physically and mentally harassed the
second respondent for demand of dowry. Present petitioner

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WP No. 20739 of 2025


CNR: KAHC010454422025



used to instigate the first petitioner to impart physical
harassment to the second respondent and therefore sought for
action.
5. The jurisdictional Police after registering the case in
Crime No.208/2022 on 05.12.2022, thoroughly investigated
the matter and filed the charge sheet. In the charge sheet,
except the statements of the parents of the second respondent
and a distant relative, no other eyewitness are found.
6. After the charge sheet came to be filed before the
Jurisdictional Magistrate, learned Magistrate has taken
cognizance of the aforesaid offences and summoned the
present petitioners including the accused No.1.
7. After taking cognizance and summoning, the
petitioners are called in question in this writ petition.
8. Sri. Ajay, learned counsel for the petitioners
reiterating the grounds urged in the writ petition, would
contend that these petitioners did not share the common roof
along with the accused No.1, wherein accused No.1 and second
respondent were leading the married life at DRDO quarters,

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C.V.Raman Nagar, Bengaluru and except the omnibus
allegations against these petitioners that there was an
instigation by these petitioners to accused No.1 for demand of
additional dowry and to harass the second respondent, no
other material is found as against the present petitioners and
thus sought for quashing of the pending charge sheet.
9. Per contra , Smt. Waheeda M.M., learned High
Court Government Pleader and Sri. Nagaraj, learned counsel
for second respondent - Defacto complainant in unison would
support the continuation of the criminal case as Investigation
Agency has collected the necessary materials, which would
prima facie attract all ingredients of the aforesaid offences and
thus sought for dismissal of the writ petition.
10. Having heard the arguments of both sides, this
Court perused the material on record meticulously. On such
perusal of the material on record, it is noticed that the
marriage of the second respondent with accused No.1 on
06.02.2022 at Ashoka Convention Hall, Rajajinagara, is not in
dispute.

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11. Whether at all 40 grams of gold that was given to
accused No.1 during the marriage was a dowry or customary
articles cannot be decided by this court at this stage.
12. Sri. Nagaraj, learned counsel for respondent No.2
would however submit that a list was prepared at the time of
marriage as to the articles that were given during the course of
marriage but would submit that it is not mentioned in the said
list that the 40 grams of gold is a dowry.
13. Whether it is a dowry or customary article gifted at
the marriage or not cannot be decided by this court at this
stage by holding a mini trial. So also 480 grams of gold
ornaments given to the second respondent is also a matter of
evidence to be taken into consideration.
14. Except the omnibus allegations that these
petitioners joined accused No.1 in demanding the additional
dowry of sum of ` 1,00,000/- in order to clear the debts
incurred by accused No.1 no other material is forthcoming on
record. Charge sheet witnesses are parents and distant

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relatives. The only independent witness that is cited by the
prosecution agency is the videographer.
15. This Court has taken into consideration the
statements made by them for the purpose of finding out
whether at all any prima facie material is available so as to
direct the petitioners to undergo the ordeal of the trial for the
aforesaid offences.
16. On such consideration of the statements of
aforesaid witnesses, the statements of parents and the distant
relatives are to be termed as self-serving testimony. Prima
facie, apart from the above, no other material is available as
against the present petitioners to direct them to stand for the
trial.
17. Further, since the petitioners are residing
elsewhere and did not share the common roof, applying the
Kahkashan Kausar alias
principles of law enunciated in
1
Sonam v. State of Bihar
, the petitioners have made out a
case for quashing the pending criminal proceedings.

1
(2022) 6 SCC 599

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18. Accordingly, the following:
ORDER
allowed
i. Petition is .
ii. The proceedings in C.C.No.17333/2023,
pending on the file of learned XI Addl.Chief Judicial
Magistrate, Bengaluru for the offences punishable
under Sections 498A, 323, 504 & 506 read with
Section 34 of Indian Penal Code, 1860 is hereby
quashed qua the petitioners. However, the
quashing of the aforesaid proceedings shall not
affect the prosecution insofar as accused No.1 is
concerned.

SD/-
(V SRISHANANDA)
JUDGE




AG
List No.: 1 Sl No.: 18