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Judgments of Supreme Court of India and High Courts

G I Abbas vs State By Represented By Psi on 11 June, 2019

1

CRL.P. NO.7396/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JUNE, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.7396 OF 2018

BETWEEN:

G.I. ABBAS
S/O LATE G.I. IBRAHIM
AGED ABOUT 36 YEARS
R/AT NAFEESA MAZIL
GURUVAYANAKERE
BELTHANGADY TALUK-574 214 … PETITIONER

(BY SHRI. K. RANJAN KUMAR, ADVOCATE)

AND:

1. STATE BY REPRESENTED BY PSI
KAVOOR PS, MANGALURU-575 015
REP. BY SPP, HIGH COURT
BANGALORE-560 001

2. SMT. SAIDABHI
W/O G.I.YUSUF
AGED ABOUT 35 YEARS
RESIDING AT “IMANE”
ATRABAIL, KUNJANATHBAIL
MANGALORE-575 015 … RESPONDENTS

(BY SMT. B.G. NAMITHA MAHESH, HCGP FOR R-1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.2075/2017
FILED BY THE RESPONDENT AGAINST THE PETITIONER ON THE FILE OF
THE JMFC (III COURT), MANGALORE, D.K., FOR THE OFFENCE
PUNISHABLE UNDER SECTION 498A,504 AND 506 R/W SEC.149 OF SectionIPC
AND SEC.4 OF DOWRY PROHIBITION ACT.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:-
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CRL.P. NO.7396/2018

ORDER

Second respondent, Saidabhi, filed a private complaint

on 01/04/2010 before the JMFC, III Court, Mangalore, against

eight accused alleging commission of offences punishable

under Sections 498-A, Section504 and Section506 r/w 149 of SectionIPC and

Section 4 of Dowry Prohibition Act. Learned Magistrate

referred the case for investigation under Section 156(3) of

Cr.P.C. After investigation, police filed the charge sheet.

After trial, by the judgment and order dated 15.06.2015 in

C.C.No.4309/2010, accused No.1, 3 to 8 have been acquitted.

Complainant challenged the said order in Crl.A.No.205/2015

and the State challenged the same in Crl.A.No.3/2016.

By common order dated 06.12.2016, learned Sessions Judge

has reversed the judgment and order passed by the learned

Magistrate so far as accused No.1 is concerned and confirmed

the order of acquittal against accused No.3 to 8.

2. Shri Ranjan Kumar K, learned Advocate for the

petitioner submits that since the petitioner (second accused)

was not available, charge sheet was split up and trial was
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CRL.P. NO.7396/2018

conducted in respect of accused Nos.1 and 3 to 8. Adverting

to the complaint and charge sheet, he submits that

allegations against petitioner and accused Nos.3 to 8 are

common and omnibus in nature. Accordingly, he prays for

allowing this petition.

3. Learned HCGP argued opposing the petition.

4. I have carefully considered the submissions of

learned advocate for the petitioner, learned HCGP and

perused the records.

5. The allegations against accused Nos.3 to 8 are

common in nature. Learned Magistrate has acquitted accused

Nos.3 to 8 after full-fledged trial. Their acquittal has been

confirmed by the learned Sessions Judge and the said order

has attained finality.

6. In the circumstances, no useful purpose will be

served by conducting trial against the petitioner. Hence, this

petition merits consideration and it is accordingly allowed. All
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CRL.P. NO.7396/2018

proceedings in C.C.No.2075/2017 pending on the file of JMFC

(III Court), Mangaluru, D.K., are quashed.

No costs.

Sd/-

JUDGE

Yn.

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