SHUBHAM GULATI vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:57322
CRL.P No. 4725 of 2024


CNR: KAHC010255482024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K


CRIMINAL PETITION NO. 4725 OF 2024

BETWEEN:

SHUBHAM GULATI
AGED ABOUT 31 YEARS
S/O LATE MR RAJESH GULATI
A-4, SHASTRI NAGAR, BIKANER
RAJASTHAN-334 003
HAVING AADHAR NUMBER-9809 4582 7190
(REPRESENTED BY HIS POWER OF ATTORNEY)
MAGAN GULATI, NO A-4, SHASTRI NAGAR,
BIKANER, RAJASTHAN-334001

…PETITIONER
(BY SRI. SATHIES KUMAR S, ADVOCATE)

AND:

1. STATE OF KARNATAKA
STATION HOUSE OFFICER
EAST ZONE WOMEN PS
PULAKESHI NAGAR SUB DIVISION,
(REPRESENTED BY HCGP)

2. PREETI SINGH GULATI
NO-75/01, GROUND FLOOR
OSBONE ROAD HALASURU
BENGALURU-560 042
…RESPONDENTS
(BY SRI. JAVEED S, HCGP FOR R1,
SRI. RAMESH V, ADVOCATE,
SRI. UDAYA PRAKASH MULIYA, ADVOCATE FOR R2)










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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HC-KAR
NC: 2026:KHC:57322
CRL.P No. 4725 of 2024


CNR: KAHC010255482024



THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE FIR AND COMPLAINT AGAINST THE PETITIONER IN
CR.NO.0139/2023, REGISTERED AT THE EAST ZONE WOMEN
POLICE STATION FOR THE OFFENCE P/U/S 498A, 506 R/W 34
OF IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961 (ANNEXURE-A
AND B) PENDING ON THE FILE OF VI ADDL. CMM, BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C. to quash
the FIR against the petitioner/accused No.1 in Crime
No.139/2023, registered by East Zone Women Police, for the
offences punishable under Sections 498A and 506 read with
Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition
Act, 1961, presently pending on the file of VI Addl. Chief
Metropolitan Magistrate, Bangalore.


2. Briefly, the facts of the case are, respondent No.2
lodged a complaint before respondent No.1-Police on
03.08.2023 alleging that her marriage was solemnized with the
petitioner - husband on 28.11.2019 at Bikaner, Rajasthan. At
the time of marriage, the petitioner and his family members
demanded gold and silver jewelleries from respondent No.2.

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NC: 2026:KHC:57322
CRL.P No. 4725 of 2024


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The said demand of the petitioner and his family members was
met by the parents of respondent No.2. After the marriage,
respondent No.2 started to reside in her matrimonial home.
However, the petitioner started to harass her both physically
and mentally. It is further alleged that the petitioner and his
mother started to quarrel with her for silly reason. They also
assassinated her character and she faced all the trauma in her
matrimonial home. It is further alleged that the petitioner
always used to threaten that he would divorce her, abandon
her and leave the country by living her alone.

3. It is further alleged in the complaint that on
04.12.2022, the in-laws of respondent No.2 i.e., accused Nos.2
to 4 were in Bangalore, since the petitioner was going to
Canada on 10.12.2022, respondent No.2 suggested for a family
dinner and everyone agreed to the same. Whilst going to the
dinner, respondent No.2 asked the petitioner that her parents
are coming to bid him goodbye on 08.12.2022, to which, the
petitioner and other accused abused her in a filthy language. It
is further alleged that the petitioner started ignoring
respondent No.2 and he was conversing with some other in his

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mobile phone. On 10.12.2022, the petitioner left respondent
No.2 at Bangalore and went to Canada. Thereafter her in-laws
continuously harassed her. As such, she lodged the complaint.
On the strength of the said complaint, FIR came to be
registered against the petitioner and other accused for the
aforementioned offences. Aggrieved by the registration of FIR,
the petitioner/accused No.1 preferred this petition.

4. Heard the learned counsel for the respective
parties.

5. The primary contention of learned counsel for the
petitioner is that, prima facie, the offence punishable under
Section 498A of IPC is not made out against the petitioner,
since in the complaint and charge sheet averments, no such
specific allegations are made against the petitioner except
omnibus allegations. He also contended that initially the
marriage was kept in abeyance by respondent No.2 and her
family members and they have not spent any amount as
contended by her for performing the marriage. He further
contended that due to non-availability of VISA, the petitioner
was unable to take respondent No.2 to Canada. As such, out of

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vengeance, this false complaint is filed by respondent No.2. In
such circumstance, he submits that continuation of FIR and
subsequent proceedings against the petitioner is nothing but
abuse of process of Court. Accordingly, he prays to allow the
petition.

6. The prayer of the petitioner is opposed by learned
counsel for respondent No.2 and learned HCGP for respondent
No.1. They both submit that the investigation is still at nascent
stage and Police have yet to collect the materials in the case,
as the complaint discloses the cognizable offences against the
petitioner. They also contended that the relationship between
the petitioner and respondent No.2 are not in dispute and it
also not in dispute that the petitioner left respondent No.2 at
Bangalore and went to Canada. The allegation made in the
complaint prima facie reveals that she was subjected to
harassment at her matrimonial home. In such circumstances,
at this stage, the proceedings against the petitioner/accused
No.1 cannot be quashed. Accordingly, they pray to dismiss the
petition.

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7. I have given my anxious consideration to the
submissions and perused the documents made available before
this Court.

8. As could be gathered from records, the relationship
between the petitioner and respondent No.2 is not in dispute.
Further, it is also not in dispute that after the marriage,
respondent No.2 stayed in the matrimonial home and after two
months, their relationship got strained. The complaint
averments further reveals that the petitioner along with his
family members, subjected to harass respondent No.2 both
physically and mentally and finally, the petitioner left
respondent No.2 in India and went to Canada. During that time
also, the other accused continued to harass respondent No.2.
In such circumstance, when the complaint averments prima
facie disclose the cognizable offences, the same has to be
investigated by the Police.

9. Nevertheless, the matter is at nascent stage, and
the investigation has not progressed beyond the preliminary
steps taken immediately after registration of the case. The
relevant evidence is yet to be collected upon a thorough

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investigation to place before the Court. At this stage, this Court
cannot anticipate the outcome of the investigation or record a
finding on the allegation of false implication or malafides
merely on the basis of the defence raised by the petitioner.
Therefore, the complaint cannot be thrown out at the threshold
on the basis of an unsubstantiated defence. In the case on
hand, the complaint and the material collected thus far prima
facie disclose the commission of cognizable offences against the
petitioner/accused No.1. Hence, at this stage, the FIR does not
warrant interference by this Court.

10. Accordingly, petition lacks merit and same is
dismissed
.

SD/-
(RAJESH RAI K)
JUDGE

HKV
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