IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2019
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.7396 OF 2018
S/O LATE G.I. IBRAHIM
AGED ABOUT 36 YEARS
R/AT NAFEESA MAZIL
BELTHANGADY TALUK-574 214 … PETITIONER
(BY SHRI. K. RANJAN KUMAR, ADVOCATE)
1. STATE BY REPRESENTED BY PSI
KAVOOR PS, MANGALURU-575 015
REP. BY SPP, HIGH COURT
2. SMT. SAIDABHI
AGED ABOUT 35 YEARS
RESIDING AT “IMANE”
MANGALORE-575 015 … RESPONDENTS
(BY SMT. B.G. NAMITHA MAHESH, HCGP FOR R-1;
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:-
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
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
proceedings in C.C.No.2075/2017 pending on the file of JMFC
(III Court), Mangaluru, D.K., are quashed.