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Dharanendra Kumar vs State Of Karnataka on 20 January, 2014

Karnataka High Court Dharanendra Kumar vs State Of Karnataka on 20 January, 2014Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JANUARY, 2014 BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS CRIMINAL PETITION NO.5547/2012 BETWEEN:

DHARANENDRA KUMAR,

S/O LATE G.D.BARAMAIAH,

AGED 81 YEARS,

R/AT NO.1152, 3RD “B” MAIN, “D” BLOCK, DHATTAHALLI,

3RD STAGE,

MYSORE DIST-570008. … PETITIONER (BY SRI S.RAJASHEKAR, ADV.) AND:

1. STATE OF KARNATAKA,

REP BY WOMEN POLICE STATION, MYSORE CITY-570008.

2. SMT. VINDYADEVI,

W/O SUBODH KUMAR,

AGED ABOUT 40 YEARS,

R/AT NO. 1945,

AMBEDKAR ROAD,

K M PURAM, MYSORE-04. … RESPONDENTS (BY SRI B.J.ESWARAPPA, GP FOR R1, SRI N.KUMAR, ADV. FOR R2)

2

THIS CRL.P FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 28/5/2010 IN FIR AND CHARGE SHEET REGD. AS CRIME No.101/2010 FOR OFFENCE P/U/S.498(A), 506 R/W.34 OF IPC. AND SEC.4 OF DOWRY PROHIBITION ACT, BEFORE THE WOMAN POLICE STATION, MYSORE, PENDING IN C.C. No.81/2011 ON THE FILE OF THE IV CIVIL JUDGE (SR.DN.) AND CJM., MYSORE.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this petition, the petitioner is seeking quashing of the proceedings in C.C.No.81/2011 arising out of Cr.No.101/2010 on the file of the 4th Civil Judge (Sr.Dn.) and C.J.M, Court, Mysore for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Section 4 of Dowry Prohibition Act.

2. The second respondent is the daughter-in-law of the petitioner. The second respondent lodged a complaint with the first respondent-police alleging that her husband Subodh Kumar and the petitioner are harassing, torturing and demanding dowry. This 3

complaint came to be registered in Cr.No.101/2010 for the offences punishable under Sections 498A, 506 r/w Section 34 IPC and Section 4 of Dowry Prohibition Act. Investigation is completed and charge sheet is filed. Aggrieved by the entire proceedings initiated against the petitioner, he is before this Court.

3. The petitioner is accused No.2 in the proceedings before the Trial Court. A perusal of the complaint and the charge sheet specifies that the main allegations are against the second respondent husband Subodh Kumar and a vague allegations are made against the petitioner who is aged about 81 years. In the absences of specific allegations and overt acts against the petitioner, the proceedings initiated against him are liable to be quashed. Accordingly, the following: ORDER

i) The petition is hereby allowed. ii) The proceedings in Cr.No.101/2010 on the file of the 4th Civil Judge (Sr.Dn.) and 4

C.J.M, Court, Mysore are hereby quashed insofar as it relates to petitioner/accused No.2.

iii) However, the Trial Court to proceed against the accused No.1 in accordance with law. Sd/-

JUDGE

VM

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