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Rashmi vs State Of Karnataka on 18 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1981 OF 2018

BETWEEN:

Rashmi,
D/o Lingaraju,
Aged about 25 years,
R/o Gadibasavapura Village,
Shivani Hobli,
Tarikere Taluk,
Chikkamagalur District – 577 228.
…Petitioner
(By Sri.S.G. Rajendra Reddy, Advocate)

AND:

1. State of Karnataka,
Ajjampura Police,
Chikkamagalur District,
By State Public Prosecutor,
High Court Building,
Bengaluru – 560 001.

2. Smt. Deepa D.,
W/o Parameshwarappa,
Aged about 30 years,
Occ:Engineer,
R/o Thyagadakatte Village,
Shivani Hobli,
2

Tarikere Taluk,
Chikkamagalur District – 577 228.
…Respondents

(By Sri. S. Rachaiah, HCGP for R1;
Sri. Aruna Shyam M, Advocate for R2)

This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the FIR in Crime No.331/2017
of Ajjampura Police Station for the offence punishable
under Sections 504, 506, 114 and 498(A) read with
Section 149 of IPC and Sections 3 and 4 of Dowry
Prohibition Act in respect of the petitioner herein.

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

ORDER

Heard the learned counsel for the petitioner,

learned HCGP for respondent No.1 and Sri. Aruna Shyam

M., learned counsel for respondent No.2.

2. The FIR is registered against five accused

persons including the present petitioner, at the instance

of respondent No.2. All the allegations made in the

complaint are directed mainly against her husband

namely, Accused No.1 and her relatives respondent Nos.2
3

to 4. Insofar as the petitioner is concerned, the only

allegation made in the complaint reads as under:

“…..£À£Àß UÀAqÀ£ÁzÀ ¥ÀgÀªÉÄñÀégÀªÀgÀÄ £À£Àß eÉÆvÉ zÁA¥ÀvÀå
fêÀ£ÀªÀ£ÀÄß ªÀiÁqÀzÉ vÀjÃPÉgÉ vÁ®ÆèPÀÄ ²ªÀ¤ ºÉÆç½ §¸ÀªÁ¥ÀÄgÀ
UÁæªÀÄzÀ gÀ²ä ©.J¯ï. ©£ï °AUÀgÁdÄ EªÀgÀ eÉÆvÉ C£ÉÊêwPÀ ¸ÀA§AzsÀ
ºÉÆA¢zÀÄÝ £À£ÀߣÀÄß PÀqÉUÀt¹gÀÄvÁÛgÉ. ”

3. A bare reading of the above allegation

indicates that the accused No.1 was carrying on illicit

relationship with the petitioner and solely on that

account, she has been implicated in the alleged offence.

The allegation made against the petitioner even if taken

as true does not attract any of the offences punishable

under Sections 504, 506, 114, 498A read with Section

149 of IPC and the Sections 3 and 4 of Dowry Prohibition

Act. Therefore, registration of the F.I.R against the

petitioner is clearly an abuse of process of Court and the

same is liable to be quashed.

4

Accordingly, the petition is allowed. The

registration of FIR in Crime No.331/2017 only insofar as

the petitioner-Rashmi (Accused No.5) is concerned, is

hereby quashed.

Sd/-

JUDGE

Mds/-

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