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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH 2019
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3699 OF 2013
BETWEEN:
1. SRI. DANDI BOTLA GANGADHAR
S/O D. RAJASHEKAR, 32 YEARS
2. SRI D. RAJASHEKAR
S/O LATE D. NARAYANAMURTHY, 60 YEARS
3. SMT. SHIVAKUMA SUNDARI
W/O D. RAJASHEKAR, 55 YEARS
4. SRI D. HARIKRISHNA
S/O D. RAJASHEKAR, 34 YEARS
5. SMT. D. USHA
W/O D. HARIKRISHNA, 30 YEARS
6. SMT. T. VANAJA
W/O T. PRASAD, 30 YEARS
7. SRI T. PRASAD
S/O T. SHIVARAMA SHARMA, 35 YEARS
8. SRI SHIVARAMA KRISHNA
S/O KRISHNA SHASTRI, 40 YEARS
ALL ARE R/O NO.G-2,
SRI SAI SHESHU APARTMENTS
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12-2-828-A/2, AMBA GARDENS
MAHATHI PADAM,
HYDERABAD-560028.
… PETITIONERS
(BY SRI: VENKAT SUBBA RAO G S, ADVOCATE)
AND
1. STATE OF KARNATAKA
HANUMANTHANAGAR POLICE
HANUMANTHANAGAR
BENGALURU-560026.
2. SMT. K.V. SUMALATHA KUMARI
W/O DANDI BOTLA GANGADHAR,
AGE 30 YEARS
NO.91, 6TH CROSS, ASHOK NAGAR
BANASHANKARI
BANGALORE 560050.
… RESPONDENTS
(BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1;
SRI: ADARSH, ADVOCATE FOR
SMT: MELANIE SEBASTIAN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE COMPLAINT LODGED BY THE 2ND RESPONDENT AGAINST
THE PETITIONERS IN CR. NO.101/2013 BEFORE THE I A.C.M.M.,
BANGALORE WITH THE 1ST RESPONDENT POLICE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 506, 34, 498A,307
R/W SEC.3 AND 4 OF D.P.ACT VIDE ANNEXURE-A AND
CONSEQUENTLY DISCHARGE THE PETITIONERS FROM THE
OFENCES ALLEGED AGAINST THEM IN CR. NO.101/2013.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
Learned counsel for the petitioners’ files a memo alongwith
the following documents:-
1. Certified copy of decree in M.C.No.3309/2018.
2. Certified copy of Memorandum of settlement in
M.C.No.3309/2018
3. Certified copy of Judgment in
C.C.No.17384/2014.
Heard learned counsel for the petitioners and learned
counsel for respondent No.2 and learned Addl. SPP for
respondent No.1.
2. Petitioners are accused Nos.1 to 8 in Cr.No.101/2013
registered for the offences punishable under sections 506, 34,
498A, 307 of Indian Penal Code and Sections 3 and 4 of Dowry
Prohibition Act. As against accused Nos.2 to 8, further
investigation was stayed by orders of this Court. consequently,
investigation was carried on against accused No.1 and a charge
sheet was filed against him under sections 498A, 324, 506 of
Indian Penal Code and Sections 3 and 4 of D.P. Act.
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3. Certified copy of the judgment and order dated
3.11.2018 produced by the learned counsel in
C.C.No.17384/2014 indicates that after trial, accused No.1 is
acquitted of the charges under Sections 498A, 324, 506 of
Indian Penal Code and Sections 3 and 4 of D.P. Act. Even though
offence under section 307 Indian Penal Code was invoked in the
FIR, after investigation, the said charge was dropped in the
charge sheet. Even otherwise, the allegation attracting Section
307 Indian Penal Code were directed only against accused No.1.
Insofar accused Nos.2 to 8 are concerned, there are blanket and
omnibus allegations that all these petitioners committed act of
cruelty and ill-treatment to respondent No.2 and instigated
accused No.1 to make a demand for additional dowry. But after
trial, accused No.1 having been acquitted of all the above
offences, on the same set of facts and evidence relied on by the
prosecution, in my view, the prosecution of the petitioners viz.,
accused Nos.2 to 8 for the above offences would be a futile
exercise. In the wake of the findings recorded by the trial court
with regard to the involvement of accused No.1 in the above
offences, benefit of the said order is required to be extended to
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the petitioners herein. Thus considering the above facts and
circumstances, in order to sub-serve the ends of justice, the
proceedings initiated against petitioner Nos.2 to 8 deserve to be
quashed.
Consequently, the petition is allowed. The proceedings
initiated against the petitioner Nos.2 to 8 arising out of
Cr.No.101/2013 stand quashed.
Sd/-
JUDGE
*mn/-
