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Parabathula Lakshmana Swamy And … vs State Of Karnataka And Anr on 7 July, 2021

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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 7TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.201506/2018

BETWEEN:

1. Parabathula Lakshmana Swamy
S/o Surya Rao,
Aged about 62 years,
Occ:Agriculture.

2. Parabathula Yerramma
W/o P.Lakshmana Sawmy,
Aged about 58 years,
Occ:Agriculture.

3. Parabathula Suribabu
S/o P.Lakshmana Sawmy,
Aged about 44 years,
Occ:Agriculture.

4. Parabathula Venkateswara Rao
S/o P.Lakshmana Sawmy,
Aged about 40 years,
Occ:Agriculture.

5. Parabathula Ramush
S/o P.Lakshmana Sawmy,
Aged about 37 years,
Occ:Agriculture.

All R/o 5/153 Ravichettu Center,
Near water tank, Challapalli, Village,
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Uppalaguptham Mandalam, Amalapurm Tq,
East Godavari District-Andhra Pradesh.
… Petitioners

(By Sri.B.V.Jalde and Veeranagouda Malipatil, Advocate)

AND:

1. State of Karnataka,
Through Police Station Officer,
Police Station Sirwar
Tq:Manvi, District:Raichur.
Pin Code-584129.
Rep by State Public Prosecutor,
High Court of Karnataka.

2. P.Manga Devi W/o Parabathula Sathibabu,
Age:About 34 years, Occ:Household,
R/o Chagabavi Camp, Tq:Manvi,
District:Raichur-584123.
… Respondents
(By Sri.Gururaj.V.Hasilkar, HCGP for R1
Sri.Shivanand Patil, Advocate for R2)

This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the initiation of proceedings in
C.C.No.268/2017 (Crime No.137/2016) for offences
punishable under
Sections 498(A), 504, 506 read with
Section 34 of IPC and 3 and 4 of D.P Act registered by
Sirwar Police Station which is pending before the learned
JMFC, Manvi.

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

ORDER

The petitioners have filed this petition under Section

482 of Cr.P.C. to quash the initiation of proceedings
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against the present petitioners in C.C.No.268/2017 arising

out of the Crime No.137/2016 of Sirwar Police Station for

the offences punishable under Sections 498(A), 504, 506

read with Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961.

2. The factual matrix leading to the case are that

the complainant/respondent No.2 herein is the wife of the

accused No.1 and the present petitioners are the in-laws of

the complainant.

3. The allegations were that the marriage of

complainant was solemnized on 30.03.2000 at Satyawada

Village near Mandapeta Town of EG District and sufficient

amount was paid as dowry in the form of cash and gold as

per demand. It is also alleged that subsequently the

complainant/respondent No.2 was subjected to ill-

treatment all along and additional dowry was also

demanded by the present petitioners and accused No.1

and she was inflicted enormous mental and physical

cruelty by all the accused insisting to alienate 2 acres of
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land mutated in her name. The complainant has tolerated

the ill-treatment to the maximum extent but subsequently

when it exceeded the limit she filed a private complaint

before the learned magistrate Court at Manvi in

P.C.No.32/2016.

4. The learned Magistrate has referred the matter

under Section 156(3) of Cr.P.C. for investigation and the

investigating officer after investigation submitted the

charge sheet against the accused No.1 and present

petitioners for the offences punishable under Sections

498A, 504, 506 read with Section 34 of IPC and Sections 3

and 4 of Dowry Prohibition Act,1961.

5. The learned Magistrate has issued process

against the present petitioners after taking cognizance and

being aggrieved by issuance of process and taking

cognizance, the petitioners have filed this petition for

quashing the initiation of the proceedings against them.
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6. Learned counsel for the petitioners would

submit that the initiation of the proceedings against the

present petitioners is abuse of the process of law and

marriage was solemnized in 2000, but the complaint was

lodged in 2016 and there is inordinate delay. That the

investigating officer has also not recorded the statement of

the independent witnesses and there is no material to

frame the charge and the petitioners are residing in

Challapalli Village in Andhra Pradesh and no purpose will

be served by continuing the proceedings and as such it is

sought for quashing the proceedings.

7. Per contra the learned HCGP for respondent

No.1 and the learned counsel for respondent No.2

seriously objected the petition on the ground that the

petitioners have all along subjected the complainant to ill-

treatment by demanding additional dowry and even they

have not paid the maintenance as awarded which clearly

establish their mental attitude. It is contended that the

investigating officer has recorded the statement of
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material witnesses and there is prima-facie material

evidence as against the present petitioners also and hence

it is sought for rejection of the petition.

8. Having heard the arguments and perusing the

records, it is to be noted that the investigating officer has

submitted the charge sheet against the present petitioners

for the offences punishable under Sections 498(A), 504,

506 read with Section 34 of IPC and Sections 3 and 4 of

Dowry Prohibition Act, 1961.

9. Admittedly the marriage of the complainant

and the accused No.1 was solemnized in 2000 and the

complaint was lodged in 2016. But that itself is not a

ground for quashing the proceedings as it is open for the

petitioners to elicit the grounds and the complainant can

substantiate the delay before the trial Court in lodging the

complaint. The allegations of the complaint clearly

establish that there is specific assertion regarding

subjecting the complainant to ill-treatment and demand of

additional dowry and she was subjected to ill-treatment all
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along insisting for her to sell the land standing in her name

measuring about 2 acres. The allegations prima-facie

disclose that there is sufficient material. The contention of

the petitioners that the investigating officer has not

recorded the statement of any independent witnesses

holds no water as the charge sheet disclose that the

investigating officer has recorded the statement of

material witnesses also.

10. The learned counsel for the petitioner has

placed reliance on unreported decision of this Court in

Crl.P.No.5478/2016 dated 09.07.2020, but the facts

and circumstances are entirely different.

11. On the contrary, the Hon’ble Apex Court in

decision reported in AIR 2021 Supreme Court 1918

[M/s Neeharika Infrastructure Pvt. Ltd., v. State of

Maharashtra and others] has specifically laid down

guidelines for quashing the proceedings and interference

by the High Courts under Section 482 of Cr.P.C. In view of

the decision of the Hon’ble Apex Court the principles
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enunciated in the decision relied by the learned counsel for

the petitioners cannot be made applicable to the facts and

circumstances of the case in hand. This is not rarest of

rare case as no evidence is forthcoming to show that it is

abuse of process of law. Hence, the petition is devoid of

any merits and the petitioners are required to appear

before the learned Magistrate and seek appropriate order.

Hence, petition needs to be dismissed.

Accordingly, I proceed to pass the following :

ORDER

The petition is dismissed.

SD/-

JUDGE

NS

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