Case Note & Summary
The criminal petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the charge sheet and cognizance order in Spl.C.C.No.1493/2024 pending before the Additional City Civil and Sessions Judge, FTSC-II, Bengaluru. The proceedings arose from FIR No.125/2024 registered on 06.06.2024 at Subramanyanagar Police Station for offences under Sections 3(1)(r) and (s) of the SC/ST (Prevention of Atrocities) Act, 1989, Sections 4, 6, 8, and 12 of the POCSO Act, 2012, Sections 3 and 4 of the Dowry Prohibition Act, 1961, Section 66E of the Information Technology Act, 2000, and Sections 354C, 376, 498A, 506, and 34 of the IPC. The petitioners are accused nos. 1 to 4, with the first petitioner being the husband of the complainant (second respondent). The complainant and the first petitioner knew each other from college days. Their friendship led to a romantic relationship, and the complainant allegedly frequented the petitioners' house and threatened suicide if the first petitioner did not marry her. The second petitioner, father of the first petitioner, lodged a complaint against the complainant on 23.10.2021, leading to an NCR No.255/2021 and an undertaking from the complainant not to trouble the family. Subsequently, the first petitioner and the complainant eloped and married on 12.01.2023, registering the marriage on 13.01.2023. They lived separately, but the relationship soured. The complainant alleged that prior to the marriage, when she was a minor, the first petitioner had forcible sexual intercourse with her, and after the marriage, he subjected her to brutal sexual assault and threatened to leak intimate images. She also alleged that other petitioners hurled casteist abuses in public view. The complainant’s complaint dated 03.06.2024 led to the FIR. The police investigated and filed a charge sheet on 24.07.2024, and the trial court took cognizance on 19.08.2024. The petitioners contended that the allegations were false, a counterblast to the divorce petition filed by the husband, and that no prima facie case existed, with previous complaints containing no mention of sexual assault. They pointed to discrepancies in the complainant’s educational records and delay in lodging the FIR. The complainant sought to reconcile if the husband took her back, but the husband refused. The State opposed the petition, arguing that the allegations required trial. The arguments were heard and the case was reserved for orders on 26.06.2025 and pronounced on 21.07.2025. The provided text does not contain the final decision or reasoning of the court.
Issue of Consideration
Whether the charge sheet dated 24.07.2024 and the order taking cognizance dated 19.08.2024 in Spl.C.C.No.1493/2024 should be quashed for lack of prima facie case and abuse of process of law?
Law Points
- Quashing of criminal proceedings under Section 528 BNSS
- 2023
- Prima facie case for offences under SC/ST Act
- POCSO Act
- IPC
- Dowry Prohibition Act
- and IT Act
- Effect of marital discord and previous complaints on criminal proceedings
Case Details
2025 LawText (KAR) (07) 12
Criminal Petition No.9276 of 2024
K.N. Phanindra, Vaishali Hegde, B.N. Jagadeesha, Kapil Dixit
Sri Yashas Chandra, Sri Sathish Chandra, Smt. Geetha, Smt. Padmaja
State of Karnataka by Subramanyanagar Police Station and Smt. XXXXXX
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Nature of Litigation
Criminal petition under Section 528 BNSS, 2023 for quashing of charge sheet and cognizance order
Remedy Sought
Petitioners seek to quash the charge sheet dated 24.07.2024 and the cognizance order dated 19.08.2024 in Spl.C.C.No.1493/2024, and all further proceedings
Filing Reason
Alleged false implication; no prima facie case; complaint is a counterblast to divorce proceedings; previous complaints contain no allegations of sexual assault; discrepancies in complainant's educational records; delay in lodging FIR
Previous Decisions
NCR No.255/2021 registered against complainant on 25.10.2021 based on undertaking; divorce/annulment petition filed by first petitioner on 06.04.2024
Issues
Whether the charge sheet and criminal proceedings in Spl.C.C.No.1493/2024 should be quashed for lack of prima facie case and abuse of process of law?
Submissions/Arguments
Petitioners contended that no prima facie case is made out; the investigation was shoddy; the marriage was voluntary and the complaint is a counterblast to the divorce petition; previous interactions with police had no whisper of sexual assault; offences under POCSO are alleged for dates prior to marriage when complainant was a minor; no ingredients of Dowry Prohibition Act; 4th petitioner is a distant relative unnecessarily dragged in; complainant claimed to have studied at Jain College but her marks sheet shows Kerala Board; unexplained delay in lodging FIR.
Respondent (complainant) submitted that sexual acts occurred prior to marriage and when she was below 18; discrepancies in educational records are matters for trial; if the first petitioner takes her back, she would withdraw all complaints.
Additional State Public Prosecutor argued that the submissions require trial; hurling of abuses is evident from WhatsApp chats; assault on wife is a matter of record.
Judgment Excerpts
To, Inspector, Subramanyanagar Police station, Rajajinagar, Bangalore - 10. Sir, Sub: Regarding Blackmail to my son Yashas Chandra S ... I Satishchandra N.V. ... want to register a complaint against XXXX who is friends with my son ... she is blackmailing by coming to my house saying she will commit suicide ...
From: XXXXX XXXXX XXXXX XXXXX To Police inspector, Subramanya Police station Subject; I won’t be bothering Yashas Chandra and his family. ... I xxxx D/o xxxx aged: 20 years, today I came to police station ... they have shown NCR 255/2021 I see the complaint and ... I won’t be bothering yashas and his family. ... I will be responsible for my own life and no one will be responsible for that. ... I have consciously said the above words.
Procedural History
On 23.10.2021, the second petitioner (father) lodged a complaint against the complainant leading to NCR No.255/2021 and an undertaking by the complainant. On 12.01.2023, the first petitioner and the complainant eloped and married; marriage registered on 13.01.2023. On 06.04.2024, the first petitioner filed a matrimonial case seeking annulment of marriage. On 03.06.2024, the complainant filed a complaint against the petitioners, which led to registration of FIR No.125/2024 on 06.06.2024 for various offences. The police investigated and filed a charge sheet on 24.07.2024. The trial court took cognizance on 19.08.2024 in Spl.C.C.No.1493/2024. The petitioners filed Criminal Petition No.9276/2024 under Section 528 BNSS, 2023 seeking quashing of the charge sheet and cognizance order. The court heard arguments on 26.06.2025 and reserved orders; the order was pronounced on 21.07.2025.
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(r), 3(1)(s)
- Protection of Children from Sexual Offences Act, 2012: 4, 6, 8, 12
- Dowry Prohibition Act, 1961: 3, 4
- Information Technology Act, 2000: 66E
- Indian Penal Code, 1860: 354C, 376, 498A, 506, 34
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
