IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1611/2014 BETWEEN:
1. DR DIWAKARA NAIK S/O LATE SRI N HALA NAIK AGED ABOUT 38 YEARS PERMANENTLY RESIDING AT No.2704/570, QUEEN STREET, BRISBANE CITY, QUEENSLAND-4000, AUUSTRALIA AND HIS ADDRESS IN INDIA IS AT ALURU HATTI MELLEKATTE POST, HANGOD ROAD, DAVANAGERE TALUK AND DISTRICT-577512.
2. KIROJI NAIK S/O LATE SRI N HALA NAIK AGED ABOUT 55 YEARS RESIDING AT C/O DR. SHIVANANDA ALUR FLAT NO.570, KULAKARNI LAYOUT, ANJANEYANAGAR, BELGAUM-590006.
3. RAJA NAIK S/O LATE SRI N HALA NAIK AGED ABOUT 43 YEARS NO.536/102A, NEERALU NILAYA R/A ALURU HATTI, MELLEKATTE POST, HANGOD ROAD, DAVANAGERE TALUK AND DISTRICT-577512.
4. DR N THAKAR NAIK S/O LATE SRI NARAYANA NAIK AGED ABOUT 86 YEARS RESIDING AT No.1800, 5TH BLCOK H B R LAYOUT, OUTER RING ROAD, BANGALORE-560043.
(By SRI SHIVACHANDRA NAIK, ADV.) AND:
1. SMT SHRUTHI S E NAIK W/O DR DIWAKARA NAIK AGED ABOUT 38 YEARS R/A NO.1757/15, PIPE LINE ROAD PRASANTH NAGAR, T DASARAHALLI BANGALORE-560057 2. THE STATE OF KARNATAKA …PETITIONERS REPRESENTED BY PEENYA POLICE STATION BANGALORE-560058 ...RESPONDENTS (BY SRI J HUDSON SAMUEL, ADV. FOR R-1 SRI NASRULLA KHAN, HCGP FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND THE FIR DATED:1.6.13 AND THE CHARGE SHEET FILED THERETO IN C.C.NO.1007/14 ON THE FILE OF THE VII ADDL.C.M.M., BANGALORE AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought for quashing of FIR dated 01.06.2013 and consequent charge sheet filed against the petitioners in C.C.No.1007/2014 for the offences punishable under Sections 498-A r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard learned counsel for petitioners and learned counsel for Respondent No.1 and learned HCGP for Respondent No.2.
3. Respondent No.1 married petitioner No.1- (accused No.1) on 22.01.2008. Their marriage was performed in Bangalore. However, soon after the marriage, petitioner No.1 and respondent no.1 left to Australia. All the instances of alleged cruelty and demand for dowry are stated to have been taken place in Australia. In the charge sheet, it is stated that after leaving India, accused No.1 demanded Rs.1.50 lakhs to purchase a site in Australia and in that regard, he ill treated and harassed the complainant. Further, it is stated that the said amount was sent by CW-2 to accused No.1 to Australia. Further allegation is that accused No.1 rang up to CW-2 and forced him to pay further amount to pursue the education of petitioner No.1 and further it is stated that in order to meet the expenses for the election of accused No.3, the amount kept in the account of respondent No.1 was withdrawn. All these instances clearly indicate that the alleged offence had taken place outside India.
4. Section 188 of Cr.P.C. prescribes that when an offence is committed outside India, no such offence shall be enquired into or tried in India, except with the previous sanction of the Central Government. Since the Respondents have failed to obtain the previous sanction of the Central Government as required under Section 188 of Cr.P.C., the investigation and consequent trial is bad in law and therefore, cannot be sustained.
5. Accordingly, the petition is allowed. The charge sheet laid against the petitioners for the aforesaid offences and the consequent trial conducted before the Court of 7th Addl.CMM, Bangalore, in C.C.No.1007/2014 is hereby quashed. Liberty is reserved to the 1st respondent – complainant to proceed against the petitioners for the above offences after obtaining the sanction from the Central Government as required under Section 188 of Cr.P.C.
Sd/- JUDGE Srl.