Mr. Sonu Mahajan v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 6477 OF 2026 BETWEEN:

MR. SONU MAHAJAN S/O. GARIBU, AGED ABOUT 31 YEARS, R/AT NO. 308, NEAR COMMUNITY CENTER, WARD NUMBER 3, SECTOR 13, KHANPUR, MOHALLI, CHANDIGARH, PUNJAB - 140 301. …PETITIONER (BY SMT. JANAVI R, ADVOCATE FOR SRI. BADRUDDEEN B, ADVOCATE)

AND:

¶1STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY HIGH COURT GOVT. PLEADER, HIGH COURT OF KARNATAKA BANGALORE - 01.

¶2MRS. SUNAINA W/O. SONU MAHAJAN, AGED ABOUT 24 YEARS, R/AT FLAT NO. K-31, 2ND FLOOR, KANIKA APARTMENT, BUILDING NO. 40, 4TH CROSS, PATEL MUNIYAPPA LAYOUT, VISHWANATHA NAGENAHALLI, HEBBAL,

Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

BENGALURU, KARNATAKA - 560 032. …RESPONDENTS (BY SRI. ARUNA G.S, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND CHARGE SHEET IN CR.NO.44/2024 PENDING BEFORE 37 ADDL.CJM NRUPATUNGA ROAD, BANGALORE CITY FOR THE OFFENCES P/U/S 498(A), 504, 506 OF IPC, U/S 3 AND 4 OF D.P ACT, 1961 INSOFAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

Heard the learned counsel for the petitioner.

¶2Learned HCGP accepts notice on behalf of respondent No.1.

¶3The present petition is filed for quashing of the FIR and the charge sheet in C.C. No.27685/2024, pending before the 37th Additional Chief Judicial Magistrate, Bengaluru.

¶4The offences alleged against the petitioner are under Sections 498A, 504 and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

¶5Respondent No.2 is the complainant. The complaint was filed on

24.02.2024, alleging the aforementioned offences.

¶6It is stated that the marriage between the petitioner and respondent No.2/complainant was solemnized on 15.11.2021. The complainant has alleged that, at the time of the marriage, sufficient gold and silver ornaments were given in the form of dowry and the marriage expenses were borne by her family.

¶7It is further alleged that, a few months after the marriage, the complainant came to know that the petitioner was a divorcee and has suppressed his first marriage and the divorce. The complainant has also alleged that the petitioner demanded additional dowry and

the complainant is physically and verbally abused and assaulted.

¶8The police have filed a charge sheet after investigation. The complaint would also indicate that, on three earlier occasions i.e., on 26.03.2023, 31.07.2023 and 14.08.2023, the complaints were filed by the complainant against the petitioner alleging harassment. It is further alleged that the petitioner was arrested and later released, however, the relationship between the petitioner and the complainant has not improved.

¶9Learned counsel appearing for the petitioner would submit that the complaint was filed against five persons and after investigation, the charge sheet is filed only against the petitioner, while the case against the remaining accused persons is dropped.

¶10It is further contended that the complainant is in the habit of filing false complaints and the alleged incident has not taken place.

¶11The Court has considered the complaint averments as well as the charge sheet materials.

¶12After going through the contents of the complaint, the charge sheet materials and also the statements of alleged witnesses, the Court is of the view that the grounds raised by the petitioner are the grounds based on disputed questions of fact. They have to be adjudicated after the trial.

¶13The grounds urged in the present petition cannot be adjudicated within the settled parameters of the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 and Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023.

¶14Hence, the petition is dismissed.

¶15It is made clear that the observations made in this order are confined only to the consideration of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This Court has expressed

no opinion on the merits of the matter. All contentions are kept open.

(ANANT RAMANATH HEGDE) JUDGE

AMA List No.: 1 Sl No.: 30