Case Note & Summary
The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash an FIR registered by Byadarahalli Police. The FIR alleged offences under Bharatiya Nyaya Sanhita, 2023 (BNS) against the petitioners, including accused No.1 and his relatives, based on a complaint by a woman claiming physical relationship on promise of marriage. The petitioners argued that the complainant was previously married twice, continued living with her second husband, and had a history of similar allegations, making the case false and an abuse of process. The complainant and State contended for investigation to proceed. The Court, after examining submissions and documents, found the allegations lacked prima facie substance and quashed the FIR to prevent abuse of process, applying legal principles similar to Section 482 of Code of Criminal Procedure, 1973 (CrPC).
Headnote
The High Court of Karnataka at Bengaluru, quashed the FIR registered for offences under Sections 3(5), 318(2), 351(2), 69, 89, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 (BNS) -- The petitioners, including accused No.1 and accused Nos. 2 and 3, challenged the FIR alleging physical relationship on pretext of marriage -- The Court held that the allegations did not disclose a prima facie case, as the complainant was previously married twice and continued living with her second husband, making the promise of marriage implausible -- Applying principles akin to Section 482 of CrPC, the Court found the proceedings to be an abuse of process of law and quashed them to prevent miscarriage of justice
Issue of Consideration
The Issue of whether the FIR and complaint in Crime No.789/2024 should be quashed under Section 528 of BNSS, 2023, due to alleged false allegations and abuse of process of law
Final Decision
The High Court allowed the criminal petitions and quashed the FIR in Crime No.789/2024, holding that the allegations did not disclose a prima facie offence and the proceedings were an abuse of process of law
Law Points
- Quashing of FIR under Section 528 of Bharatiya Nagarik Suraksha Sanhita
- 2023 (BNSS) requires examination of whether allegations disclose prima facie offence
- Abuse of process of law under Section 482 of Code of Criminal Procedure
- 1973 (CrPC) principles applicable
- Physical relationship on pretext of marriage must be assessed in factual matrix
- Court's inherent power to prevent miscarriage of justice
Case Details
2026 LawText (KAR) (01) 46
Criminal Petition No.1225 of 2025 c/w Criminal Petition No.2826 of 2025
Sri Abhishek Kumar, Sri Punith C, Miss. Asma Kouser, Sri Akshay R. Huddar
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Nature of Litigation
Criminal petitions seeking quashing of FIR under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Remedy Sought
Petitioners asked the High Court to quash the FIR and complaint in Crime No.789/2024 pending before the Chief Judicial Magistrate, Bangalore Rural District
Filing Reason
The petitioners alleged that the FIR was based on false allegations of physical relationship on pretext of marriage, constituting an abuse of process of law
Previous Decisions
No previous decisions mentioned; the petitions were heard and reserved for orders on 06.01.2026
Issues
Whether the FIR and complaint in Crime No.789/2024 should be quashed under Section 528 of BNSS, 2023, due to lack of prima facie case and abuse of process of law
Whether the allegations of physical relationship on pretext of marriage are substantiated given the complainant's marital history
Submissions/Arguments
Petitioners argued no physical relationship occurred, the complainant was previously married twice and continued living with her second husband, making promise of marriage implausible, and the case was an abuse of process
Complainant and State argued investigation should proceed to uncover truth, as physical relationship happened on pretext of marriage while complainant was single post-divorce
Ratio Decidendi
The Court applied principles akin to Section 482 of CrPC under Section 528 of BNSS to quash proceedings where allegations lack prima facie substance and constitute abuse of process, emphasizing that false claims of physical relationship on pretext of marriage, especially with a complainant having complex marital history, warrant intervention to prevent miscarriage of justice
Judgment Excerpts
The petitioners challenge a common crime in Crime No.789 of 2024
The learned counsel for the petitioners would vehemently contend that there is no physical relationship between the petitioner and the 2 nd respondent/complainant at all
The learned counsel appearing for the 2 nd respondent/complainant would vehemently refute the submissions in contending that the crime is registered only on 09-12-2024
I have given my anxious consideration to the submissions made by the respective learned counsel
Procedural History
Criminal Petition No.1225 of 2025 filed by accused No.1 and Criminal Petition No.2826 of 2025 filed by accused Nos. 2 and 3 were heard together -- Reserved for orders on 06.01.2026 -- Pronounced on 19.01.2026 -- Common order issued quashing the FIR
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
- Bharatiya Nyaya Sanhita, 2023: Section 3(5), Section 318(2), Section 351(2), Section 69, Section 89, Section 64(2)(m)
- Code of Criminal Procedure, 1973: Section 482
- Negotiable Instruments Act, 1881: Not specified
- Indian Penal Code, 1860: Section 363
