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Karnataka High Court
Shri. Satish S/O Irappa Shahapurkar vs State Of Karnataka on 25 March, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 100709 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON’BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100709 OF 2024
BETWEEN:
1. SHRI. SATISH
S/O IRAPPA SHAHAPURKAR,
AGE. 33 YEARS, OCC. COOLIE,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
TQ. DIST. BELAGAVI.
2. SMT. MAHADEVI
W/O IRAPPA SHAHAPURKAR,
AGE. 53 YEARS,
OCC. HOUSEHOLD WORK,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
VIJAYALAKSHMI TQ. DIST. BELAGAVI.
M KANKUPPI
3. MISS. POOJA
Digitally signed by
VIJAYALAKSHMI M KANKUPPI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.03.28 11:25:04
+0530 D/O IRAPPA SHAHAPURKAR,
AGE. 25 YEARS,
OCC. HOUSE HOLD WORK,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
TQ. DIST. BELAGAVI.
… PETITIONERS
(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
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CRL.P No. 100709 of 2024
AND:
1. STATE OF KARNATAKA,
R/BY ASSISTANT SUB-INSPECTOR,
WOMEN POLICE STATION,
BELAGAVIT CITY,
BELAGAVI-590001,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD-590011.
2. SMT. GEETA
W/O SATISH SHAHAPURKAR,
AGE. 24 YEARS,
OCC. HOUSEHOLD WORK,
R/O. SOGAL,
SAUNDATTI-591111,
TQ. SAUNDATTI,
DIST. BELAGAVI.
… RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1;
R2-SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH ALL THE PROCEEDINGS INCLUDING THE
COMPLAINT, FIR AND THE CHARGE SHEET AND PROCEEDINGS IN
CRIMINAL CASE NO.3639/2023 (BELAGAVI CITY WOMEN POLICE
STATION CRIME NO.43/2023), IN RESPECT OF THE OFFENCE
PUNISHABLE U/S 498A, 323, 504, R/W 34 OF THE IPC, AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3, PENDING BEFORE THE LEARNED
J.M.F.C.-II COURT, BELAGAVI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 100709 of 2024
ORDER
The petition is filed by accused Nos.1 to 3 praying to
quash the complaint, FIR, charge sheet and proceedings in
C.C.No.3636/2023 (Belagavi City Women Police Station
Crime No.43/2023) for offence punishable under Sections
498A, 323, 504 read with Section 34 of the Indian Penal
Code(hereinafter referred to as ‘IPC’ for brevity) pending
on the file of the JMFC-II Court, Belagavi.
2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent
No.1. Inspite of service of notice to respondent No.2
remained absent and unrepresented.
3. On the complaint of respondent No.2, a case
came to be registered against these petitioners in crime
No.43/2023 of Belagavi City Women Police Station for
offence punishable under Sections 498A, 323, 504 read
with Section 34 of the IPC. The Police after investigation
have filed a charge sheet against these petitioners for the
aforesaid offences. The learned Magistrate has taken
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cognizance and case came to be registered against these
petitioners in C.C.No.3636/2023. The petitioners have
sought quashing of the said criminal case.
4. Learned counsel for petitioners would contend
that as per averments of the complaint filed by respondent
No.2, respondent No.2 kicked out from her husband’s
house on 08.05.2023. She went to her parent’s house,
informed the same and she stayed in her parent’s house.
He further submits that the father of the respondent No.2
-Sri Nagappa Dyamappa Koogannavar has filed a missing
complaint of this respondent No.2 on 15.05.2023 which
came to be registered in Shahapur Police Station in Crime
No.40/2023 wherein he has stated that he went to his
daughter house on 14.05.2023 and advised her not to talk
over phone for more duration to lead happy life in her
husband’s house. He further contended that averments
made in the complaint filed by respondent No.2 are
contrary to the averments made in complaint filed by the
father of the respondent No.2. If any alleged incident has
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taken place on 08.05.2023, respondent No.2 ought to
have informed the same to her father on 14.05.2023 when
he visited her house. He submits that considering all
these aspects the averments alleged in the complaint i.e.
harassment by these petitioners is abuse of process of
law. With this, he prayed to quash the proceedings.
5. Learned AGA would contend that the charge
sheet materials shows prima facie case against these
petitioners for the offence alleged against them. No
grounds for quashing of the proceedings.
6. Having heard learned counsels, this Court has
perused the records.
7. As per complaint filed by respondent No.2 dated
31.05.2023, the alleged incident has taken place on
08.05.2023 and on the same date as she was kicked out
from her husband’s house and thereafter, enquired with
elders and thereafter approached police on 22.05.2023.
The father of the respondent No.2 has filed a missing
complaint of respondent No.2 on 15.05.2023 which came
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to be registered in Crime No.40/2023 of Shahapura Police
Station Belagavi. In the said complaint it is stated that
the father of the respondent No.2 namely Sri Nagappa
Dyamappa Koogannavar went to the house of his
daughter on 14.05.2023 and advised her not to talk with
other persons over the phone for more duration and went
away and on 15.05.2023 she was found missing from her
husband’s house. The said missing complaint indicates
that respondent No.2 was in her husband’s house on
14.05.2023. Respondent No.2 in her further statement
recorded on 01.06.2023 has stated that after the alleged
incident on 08.05.2023, she was kicked out from her
husband’s house and she went to her parent’s house and
her parents advised her and kept in their house and she
has not sustained any injury for assault made by her
husband. The said averments made in the complaint filed
by respondent No.2 and her further statement are
contrary to averments of the missing complaint filed by
her father on 15.05.2023. When her father found
respondent No.2 in her husband’s house on 14.05.2023,
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the averments made in the complaint of respondent No.2
that she was kicked out from her husband’s house by
husband and his family members on 08.05.2023 appears
to be false. If there is any harassment by these
petitioners to the respondent No.2, the said aspect would
have been revealed to her father on 14.05.2023 when he
came to her house. But nothing regarding the same has
been informed in the missing complaint filed by the father
of the respondent No.2. Even the father of the respondent
No.2 in his statement recorded on 01.06.2023 has not
stated anything with regard to filing of missing complaint
and visiting his daughter’s house on 14.05.2023 and
advising her.
8. Considering all these aspects, it is clear that the
complaint filed by respondent No.2 is abuse of process of
law. In the view of the above, the following
ORDER
i) The petition is allowed.
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CRL.P No. 100709 of 2024
ii) The complaint, FIR, charge sheet and
proceedings in C.C.No.3636/2023 (Belagavi
City Women Police Station Crime No.43/2023)
pending on the file of the JMFC-II Court,
Belagavi are quashed.
Sd/-
JUDGE
DSP
CT:BCK
List No.: 1 Sl No.: 39