IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7903 OF 2016 BETWEEN:
1. MR IBRAHIM K SULLIA S/O LATE MOHAMMED AGED ABOUT 63 YEARS 2. MRS ARIFA W/O IBRAHIM K SULLIA AGED ABOUT 54 YEARS BOTH R/A DOOR NO.10/4A T MOOSA COMPOUND HADAVINAKONE ROAD SHIROOR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-574106 ... PETITIONERS (BY SRI: B.LETHIF, ADVOCATE) AND:
1. STATE OF KARNATAKA BY BYNDOOR POLICE STATION UDUPI DISTRICT REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE-560001 2. SMT JUVERIYA W/O MOHAMMED ASIF D/O HAJI ABDUL REHMAN AGED ABOUT 25 YEARS R/A NOOR MAHAL, ARAFA COMPOUND MASJID ROAD, PANJIMOGARU DAKSHINA KANNADA DISTRICT MANGALURU-575001 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: S.RAJASHEKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.170/2016 (CR.NO.254/2015 OF BYNDOOR POLICE STATION, UDUPI DISTRICT) ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners are the in-laws of second respondent. They are accused of demanding and receiving dowry at the time of marriage of second respondent with accused No.1.
2. The contention of learned counsel for petitioners that the private complaint filed by the second respondent was not accompanied with an affidavit may not assume any significance at this stage, since after investigation is completed and charge sheet is laid against the petitioners and accused No.1. The Investigating Agency has gathered prima facie material in support of the accusations. Hence, I do not find any justifiable ground to quash the proceedings.
3. However, having regard to the contention urged by learned counsel for petitioners that the allegations made in the charge sheet do not constitute the ingredients of the offence under section 498-A of IPC since petitioners did not reside with the complainant at any point of time, liberty is reserved to petitioners to seek discharge before the Trial Court on the above grounds.
With this observation, petition is dismissed.
Sd/- JUDGE Bss