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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JULY, 2019
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.7711/2016
BETWEEN:
1. Sri.Sashidaran Kartha,
S/o K.Keshavan Kartha,
Aged about 57 years,
2. Smt. Chitra Sashidharan
Kartha,
W/o Sri.Sashidaran Kartha,
Aged about 48 years,
Both residing at “Chitra”, 301,
Green Gardens,
Kanishka Road, Vaduthala,
Kochi – 682 023.
Kerala.
… Petitioners
(By Sri.T.V.Vijay Raghavan, Adv.,)
AND:
1. State by Kadugodi Police,
Represented by Public Prosecutor,
High Court of Karnataka,
Bangalore.
2. Smt.Amritha P.,
W/o Vishwanath Kartha,
Aged about 24 years,
Residing at No.1,
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Souparnika, 2nd Main Road,
Abbaiaha Reddy Layout,
Kaggadasapura,
C.V.Raman Nagar,
Bangalore – 560 093.
…Respondents
(By Sri Vijayakumar Majage, Addl.S.P.P. for R1;
Sri S.Vivekananda, for Smt. V.Ganga Bai, Advs., for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the said proceedings in
Cr.No.231/2016 pending on the file of the Addl. C.J.M.,
Bangalore Rural District, Bengaluru.
This Criminal Petition coming on for Admission, this
day, the Court made the following:
ORDER
Petitioners are aggrieved by the registration of the FIR
against them in Cr.No.231/2016 for the offence punishable
under Sections 498A and Section506 r/w Section 34 of IPC and
Sections 3 and Section4 of the Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and
learned counsel for respondent No.2-complainant and
learned Addl. S.P.P. -II for respondent No.1. Perused the
records.
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3. Learned counsel for the petitioner would submit
that the allegations made in the complaint do not disclose
commission of any of the offences by the petitioners. The
allegations made in the charge-sheet even if accepted on its
face value, would not make out that the petitioners have
committed any act of cruelty or harassment within the
meaning of Section 498A of IPC. There are no allegations
constituting the offence under Sections 3 and Section4 of the
Dowry Prohibition Act, 1961 and hence the prosecution of
the petitioners is illegal and abuse of process of court.
4. Disputing the submissions, learned counsel for
respondent No.2 has emphasized that the averments made
in the complaint clearly discloses the ingredients of the
offence under Sections 498A and Section506 of the IPC, as well as
Section 3 and Section4 of the Dowry Prohibition Act. The matter is
under investigation. Having regard to the nature of the
allegations made in the complaint there is no justifiable
reason to quash the proceedings and hence, seeks dismissal
of the petition.
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5. Considered the submissions and perused the
records. From the reading of the complaint, I find that bald
and general allegations are made against the petitioners as
well as the husband of respondent No.2 making an omnibus
allegation that after the marriage, respondent No.2 was
subjected to mental and physical torture at the hands of
her husband and his parents. The complainant has not
cited any specific instances of alleged cruelty or harassment
by the petitioner. Even with regard to the circumstances
under which she left the matrimonial home on 31.07.2016,
she has not stated any incident which prompted her to
leave the matrimonial home. Even in this regard, she has
stated that as she was living under threat to her life, she
called her mother and uncle and on her own she left the
matrimonial home along with her mother and uncle. This
assertion goes to show that no untoward incident had taken
place in the matrimonial house prompting her to leave the
matrimonial home.
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6. A wholesome reading of the complaint does not
lead to the inference that petitioners herein were
instrumental in causing any act of cruelty or harassment to
respondent No.2/complainant. All the allegations in the
complaint are directed only against accused No.1. All
throughout, it is stated that after the marriage she
discovered that her husband was a drug addict and every
night he used to return home with high dose of ganja.
There are allegations that her husband always used to store
ganja in his house and on several occasions he forced her to
smoke ganja and on one night, he brought food from
outside and made her to eat and after eating it, she fell
sick. All these circumstances are directed against accused
No.1. These allegations go to show that the petitioners
herein were not present during those incidents, which fortify
the submissions of the learned counsel for the petitioners
that, the petitioners herein have been residing separately.
Therefore, taking into consideration all the above facts and
circumstances, I find that, the implication of the petitioners
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in the alleged offences is wholly baseless, illegal, malafide
and vexatious.
7. Even though FIR is registered for the offence
under Sections 3 and Section4 of the Dowry Prohibition Act, there
are not even remote allegations in the complaint
constituting those offences insofar as the petitioners are
concerned. For that matter, even against accused No.1
there are no allegations that at any point of time he
demanded any dowry from respondent No.2 or her parents.
On the other hand, the grievance of respondent No.2 is that
the petitioners and her husband were not satisfied with the
quality of the gold brought by her to the matrimonial home.
These allegations even if accepted on their face value, do
not constitute the offence under Sections 3 and Section4 of the
Dowry Prohibition Act. As a result, there was no basis for
respondent No.1 to register FIR against the petitioners for
the alleged offences.
Accordingly, the petition is allowed.
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The FIR in Crime No.231/2016 registered by respondent
No.1 police, pending on the file of Additional Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru is quashed
insofar as petitioners Nos.1 and 2(Accused Nos. 2 and 3)
are concerned. Investigation shall proceed only against
accused No.1 in accordance with law.
Sd/-
JUDGE
Psg*