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
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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
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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
