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2025 DIGILAW 1777 (KAR)

Sucharith P, S/o Prashanth P. R v. State Of Karnataka

2025-12-11

M.I.ARUN

body2025
ORDER : M.I.ARUN, J. All the aforementioned writ petitions arise out of a matrimonial dispute between petitioner No.1, Sri. Sucharith P and his ex-wife, Smt.Rachana, who is the daughter of respondent No.2-complainant. 2. In W.P.No.20493/2023, the petitioners have prayed for quashing the proceedings in Crime No.230/2023, pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, wherein the allegations made against the petitioners are as follows: 3. In W.P.No.20537/2023, the petitioners have prayed for setting aside the order dated 16.03.2023 passed in PCR No.2297/2023 by the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru. In the said PCR No.2297/2023, respondent No.2 has alleged that the petitioners have forged Form Nos.29 and 30 and have sold the Innova Crysta Car belonging to respondent No.2 in favour of one Sri.T.N.Kamal. Based on the said complaint, the matter has been referred for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C') by way of the impugned order. 4. W.P.No.20565/2023 has been filed challenging the proceedings in PCR No.807/2023, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, wherein again allegations have been made against the petitioners herein of committing criminal breach of trust and cheating, respondent No.2 by misusing the Innova Crysta Car and the documents pertaining to it and by wrongfully transferring it in the name of Sri.T.N.Kamal. The same is pending. 5. The case of the petitioners is that petitioner No.1 is the son and petitioner No.2 is his father. Petitioner No.1 married the daughter of respondent No.2. Unable to bear the cruelty meted out by his Ex-wife, petitioner No.1 filed a petition for divorce and the same has been granted in his favour. Thereafter, both petitioner No.1 and his Ex- wife (daughter of respondent No.2) have got remarried to different persons. However, his Ex-wife as well as respondent No.2 have not stopped harassing the petitioners, which has resulted in they filing several false cases against them. 6. It is also submitted that all the aforementioned cases are filed in respect of one single Innova Crysta Car bearing registration No.KA-05-MU-7833. However, his Ex-wife as well as respondent No.2 have not stopped harassing the petitioners, which has resulted in they filing several false cases against them. 6. It is also submitted that all the aforementioned cases are filed in respect of one single Innova Crysta Car bearing registration No.KA-05-MU-7833. It is further submitted that, on an earlier occasion, the respondents had filed a false private complaint against the petitioners, which resulted in Crime No.40/2023 being registered by Basavanagudi Police before the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, in which also, apart from false allegations of dowry harassment against petitioner No.1, the complainant had alleged misuse of the Innova Crysta Car and its document by the petitioners herein, and the jurisdictional police after due investigation have filed a 'B' report, which has been accepted by the Court and it has attained finality. It is submitted that the allegations made in the aforementioned complaints, which are the subject matter of the present writ petitions, are substantially the same. Under the said circumstances, it is prayed that the present petitions be allowed. 7. Per contra, the learned counsel for respondent No.2 vehemently submits that the writ petitions are not maintainable and the same are liable to be dismissed. He submits that the allegations made in the complaints though are similar, requires investigation. He further submits that the allegations pertains to facts and this Court, in exercise of its inherent powers, cannot determine the veracity of the same and it is best left to the trial Court to decide after a full-blown trial. However, the learned counsel for respondent No.2 nor the learned High Court Government Pleader for respondent No.1 are in a position to contravene the fact that a 'B' report has been filed in Crime No.40/2023. 8. The 'B' report reads as under: "16. Brief Facts/Charges framed: 9. Perusal of the 'B' report shows that respondent No.2 was the owner of the Innova Crysta Car. He sold the same to Sri.T.N.Kamal. The petitioners have got nothing to do with the said transaction and they are not guilty of the allegations made against them in respect of the car, which is similar to the allegations made by respondent No.2 in all the complaints which are the subject matter of the instant writ petitions. It is further submitted that the petitioners are also not guilty of the other allegations made in the said complaint. 10. It is further submitted that the petitioners are also not guilty of the other allegations made in the said complaint. 10. Admittedly, the said 'B' report has attained a finality. Respondent No.2 has not challenged it. Continuing the proceedings in the complaints which are the subject matter of the writ petitions, under the present circumstances, will have to be considered as an abuse of the process of law. Hence the following: ORDER i. The Writ Petitions are hereby allowed. ii. The proceedings in Crime No.230/2023, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioners herein are concerned stands quashed. iii. The proceedings in PCR No.2297/2023, pending on the file of the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioners herein are concerned stands quashed. iv. The proceedings in PCR No.807/2023, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioners herein are concerned stands quashed.