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Sri. Kantharaju. R @ … vs State Of Karnataka on 26 February, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.4968/2017

BETWEEN:

1. Sri.Kantharaju.R @ Chikkaboraiah
Aged about 39 years
S/o Late Ramakrishna

2. Smt.Mullamma
Aged about 68 years
W/o. Late Ramakrishna

Petitioner Nos.1 2 are
Residents of Bedaramantapa Road
Chitradurga Town and permanent residents of
Balageri, Ramanagara town, Ramanagara

3. Sri Gopi @ Gopinath, 47 years
S/o Late.Ramakrishna
Resident of Balageri
Ramanagara Town, Ramanagara

4. Sri Jayachandra, 36 years
S/o.late.Ramakrishna
R/o. Kumbara Beedi,
Ramanagara Town, Ramanagara
2

5. Smt.Shakunthala
Aged about 42 years
W/o.Sri.Honnaiah
Resident of Madapura Village
Kasaba Hobli, Ramanagara Taluk

6. Smt.Saraswathi
Aged about 40 years
W/o.Sri.Puttaswamy
Resident of Jnanajyothinagar
Bengaluru

7. Smt.Vijayalakshmi
Aged about 30 years
W/o.Sri Siddesh
Resident of Bellavara Village
Bikkode Hobli, Beluru Taluk
Hassan District …Petitioners

(By Sri Rajesh.H.N, Adv.,)

AND:

1. State of Karnataka
Ramanagara Police Station

2. Smt.C.K.Nandhini
Aged about 31 years
W/o.Kantharaju
D/o.Krishna Murthy.C.B
Chikka Balli Village
Keregodu Hobli, Mandya Taluk
Mandya District ..Respondents

(By Sri Chetan Desai, HCGP)
3

This Criminal Petition is filed Under Section 482 of
Cr.P.C praying to quash the final report submitted by
the respondent No.1 against the petitioners seeking
their prosecution for the commission of alleged offence
p/u/s 3, 4 of D.P.Act and Sec.34, 498A, 504, 323 of
IPC.

This criminal petition coming on for admission
this day, the Court made the following:

ORDER

This petition is filed by the petitioners/accused

under Section 482 of Cr.P.C. praying the court to quash

the proceedings in C.C. No. 473/2017 on the file of the

Prl. Civil Judge (Jr. Dn.) and JMFC, Ramanagara

District and also quash the final report submitted by

the respondent No.1 in the said criminal case for the

alleged offences punishable under Sections 3 and 4 of

Dowry Prohibition Act and Section 498A, 504, 393 read

with 34 of IPC.

4

Heard the arguments of the learned counsel

appearing for the petitioners/accused and also learned

High Court Government Pleader for the respondent

State.

2. Learned counsel submitted that hardly the

complainant stayed in the house of the petitioners only

for a period of one month, thereafter she went back to

her parental house. It is also his contention that false

allegations are made in the complaint that the

petitioners herein insisted her to bring additional dowry

amount and in that connection, they gave ill treatment

and harassment to the complainant.

3. Learned counsel also submitted that earlier

to the complaint, petitioner-1 herein, who is the

husband of the complainant filed a petition before the

Civil Judge Senior Division at Chitradurga under

Section 13-1(ia) of Hindu Marriage Act seeking
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dissolution of marriage of the petitioner No.1 herein

with the complainant. Hence, learned counsel

contended that as a counter blast to the said

matrimonial petition filed against the complainant, she

has come up with the false allegations and submitted

that the matter requires consideration. There is no

prima facie case in the FIR and other charge sheet

material, hence, submitted that it is the abuse of

process of court to continue the proceedings as against

the petitioners herein.

4. Per contra, learned High Court Government

Pleader submitted referring to the charge sheet

materials that in the complaint there are specific

allegations are made by the complainant against all the

petitioners that they were insisting her to bring

additional dowry amount. There are allegations that

petitioner No.1 assaulted her and he kicked to her
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private part and other petitioners also ill treated her in

connection with the dowry amount.

5. Learned High Court Government Pleader

refers to the statement of the witnesses whose

statement has been recorded during investigation by the

Investigating Officer. He also submitted that the

statement of the witnesses are in consistent with the

complaint averments made by the complainant. Hence,

it is the contention that there are prima face materials

collected by the Investigating Officer during the

investigation. Therefore, it cannot be said that the

complaint is without any prima facie materials or it is

abuse of the process of court. Hence, he requested to

reject the petition.

6. I have perused the grounds urged in the

earlier petition filed seeking divorce filed by the
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petitioner -1 against the complainant and also other

materials produced collected during the investigation. It

is not only the allegations in the complaint but the

statement of the witnesses supports prima facie

contents of the allegations made in the complaint.

7. It is no doubt true that the first petitioner

herein being the husband filed the dissolution of

marriage petition against the complainant earlier to this

petition but only on that ground the entire materials

collected during the investigation which are making out

prima facie cannot be neglected by this Court.

Therefore, considering the materials placed on record by

the prosecution hence, it is not a fit case to quash the

proceedings under Section 482 of Cr.P.C. as there is

prima facie material made out by the prosecution.

Hence, petition is rejected.

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Since the main petition is rejected, I.A.No.1/2017

for stay does not survive for consideration. Accordingly,

I.A.No.1/2017 is dismissed.

Sd/-

JUDGE

BVK

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