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Shri. Satish S/O Irappa Shahapurkar vs State Of Karnataka on 25 March, 2024

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Karnataka High Court

Shri. Satish S/O Irappa Shahapurkar vs State Of Karnataka on 25 March, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 25TH DAY OF MARCH, 2024

BEFORE

THE HON’BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 100709 OF 2024

BETWEEN:

1. SHRI. SATISH
S/O IRAPPA SHAHAPURKAR,
AGE. 33 YEARS, OCC. COOLIE,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
TQ. DIST. BELAGAVI.

2. SMT. MAHADEVI
W/O IRAPPA SHAHAPURKAR,
AGE. 53 YEARS,
OCC. HOUSEHOLD WORK,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
VIJAYALAKSHMI TQ. DIST. BELAGAVI.
M KANKUPPI

3. MISS. POOJA
Digitally signed by
VIJAYALAKSHMI M KANKUPPI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.03.28 11:25:04
+0530 D/O IRAPPA SHAHAPURKAR,
AGE. 25 YEARS,
OCC. HOUSE HOLD WORK,
R/O. H.NO.512, NAZAR CAMP,
4TH CROSS, VADAGAON,
BELAGAVI-590005,
TQ. DIST. BELAGAVI.
… PETITIONERS
(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

AND:

1. STATE OF KARNATAKA,
R/BY ASSISTANT SUB-INSPECTOR,
WOMEN POLICE STATION,
BELAGAVIT CITY,
BELAGAVI-590001,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD-590011.

2. SMT. GEETA
W/O SATISH SHAHAPURKAR,
AGE. 24 YEARS,
OCC. HOUSEHOLD WORK,
R/O. SOGAL,
SAUNDATTI-591111,
TQ. SAUNDATTI,
DIST. BELAGAVI.
… RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH ALL THE PROCEEDINGS INCLUDING THE
COMPLAINT, FIR AND THE CHARGE SHEET AND PROCEEDINGS IN
CRIMINAL CASE NO.3639/2023 (BELAGAVI CITY WOMEN POLICE
STATION CRIME NO.43/2023), IN RESPECT OF THE OFFENCE
PUNISHABLE U/S 498A, 323, 504, R/W 34 OF THE
IPC, AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3, PENDING BEFORE THE LEARNED
J.M.F.C.-II COURT, BELAGAVI.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

ORDER

The petition is filed by accused Nos.1 to 3 praying to

quash the complaint, FIR, charge sheet and proceedings in

C.C.No.3636/2023 (Belagavi City Women Police Station

Crime No.43/2023) for offence punishable under Sections

498A, 323, 504 read with Section 34 of the Indian Penal

Code(hereinafter referred to as ‘IPC’ for brevity) pending

on the file of the JMFC-II Court, Belagavi.

2. Heard learned counsel for petitioners and

learned High Court Government Pleader for respondent

No.1. Inspite of service of notice to respondent No.2

remained absent and unrepresented.

3. On the complaint of respondent No.2, a case

came to be registered against these petitioners in crime

No.43/2023 of Belagavi City Women Police Station for

offence punishable under Sections 498A, 323, 504 read

with Section 34 of the IPC. The Police after investigation

have filed a charge sheet against these petitioners for the

aforesaid offences. The learned Magistrate has taken
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

cognizance and case came to be registered against these

petitioners in C.C.No.3636/2023. The petitioners have

sought quashing of the said criminal case.

4. Learned counsel for petitioners would contend

that as per averments of the complaint filed by respondent

No.2, respondent No.2 kicked out from her husband’s

house on 08.05.2023. She went to her parent’s house,

informed the same and she stayed in her parent’s house.

He further submits that the father of the respondent No.2

-Sri Nagappa Dyamappa Koogannavar has filed a missing

complaint of this respondent No.2 on 15.05.2023 which

came to be registered in Shahapur Police Station in Crime

No.40/2023 wherein he has stated that he went to his

daughter house on 14.05.2023 and advised her not to talk

over phone for more duration to lead happy life in her

husband’s house. He further contended that averments

made in the complaint filed by respondent No.2 are

contrary to the averments made in complaint filed by the

father of the respondent No.2. If any alleged incident has
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

taken place on 08.05.2023, respondent No.2 ought to

have informed the same to her father on 14.05.2023 when

he visited her house. He submits that considering all

these aspects the averments alleged in the complaint i.e.

harassment by these petitioners is abuse of process of

law. With this, he prayed to quash the proceedings.

5. Learned AGA would contend that the charge

sheet materials shows prima facie case against these

petitioners for the offence alleged against them. No

grounds for quashing of the proceedings.

6. Having heard learned counsels, this Court has

perused the records.

7. As per complaint filed by respondent No.2 dated

31.05.2023, the alleged incident has taken place on

08.05.2023 and on the same date as she was kicked out

from her husband’s house and thereafter, enquired with

elders and thereafter approached police on 22.05.2023.

The father of the respondent No.2 has filed a missing

complaint of respondent No.2 on 15.05.2023 which came
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

to be registered in Crime No.40/2023 of Shahapura Police

Station Belagavi. In the said complaint it is stated that

the father of the respondent No.2 namely Sri Nagappa

Dyamappa Koogannavar went to the house of his

daughter on 14.05.2023 and advised her not to talk with

other persons over the phone for more duration and went

away and on 15.05.2023 she was found missing from her

husband’s house. The said missing complaint indicates

that respondent No.2 was in her husband’s house on

14.05.2023. Respondent No.2 in her further statement

recorded on 01.06.2023 has stated that after the alleged

incident on 08.05.2023, she was kicked out from her

husband’s house and she went to her parent’s house and

her parents advised her and kept in their house and she

has not sustained any injury for assault made by her

husband. The said averments made in the complaint filed

by respondent No.2 and her further statement are

contrary to averments of the missing complaint filed by

her father on 15.05.2023. When her father found

respondent No.2 in her husband’s house on 14.05.2023,
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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

the averments made in the complaint of respondent No.2

that she was kicked out from her husband’s house by

husband and his family members on 08.05.2023 appears

to be false. If there is any harassment by these

petitioners to the respondent No.2, the said aspect would

have been revealed to her father on 14.05.2023 when he

came to her house. But nothing regarding the same has

been informed in the missing complaint filed by the father

of the respondent No.2. Even the father of the respondent

No.2 in his statement recorded on 01.06.2023 has not

stated anything with regard to filing of missing complaint

and visiting his daughter’s house on 14.05.2023 and

advising her.

8. Considering all these aspects, it is clear that the

complaint filed by respondent No.2 is abuse of process of

law. In the view of the above, the following

ORDER

i) The petition is allowed.

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NC: 2024:KHC-D:5713
CRL.P No. 100709 of 2024

ii) The complaint, FIR, charge sheet and

proceedings in C.C.No.3636/2023 (Belagavi

City Women Police Station Crime No.43/2023)

pending on the file of the JMFC-II Court,

Belagavi are quashed.

Sd/-

JUDGE

DSP
CT:BCK
List No.: 1 Sl No.: 39

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