IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.903 OF 2014 C/W CRIMINAL PETITION NO.6121 OF 2013 In CRL.P.No.903/2014 BETWEEN:
1. NAGARATHNAMMA W/O. LATE GIRIGOWDA AGE:52 YEARS R/O. NO.54/4, 1ST MAIN ROAD OPP: GOVERNMENT SCHOOL KAMAKSHIPALYA BANGALORE – 560 079 2. RAVI @ LOKESH S/O. LATE GIRIGOWDA AGE:27 YEARS R/O. NO.54/4, 1ST MAIN ROAD OPP: GOVERNMENT SCHOOL KAMAKSHIPALYA BANGALORE – 560 079 (BY SRI PRASAD B.S., ADVOCATE) …PETITIONERS AND:
1. STATE OF KARNATAKA REPRESENTED BY BASAVESHWARANAGAR POLICE STATION BANGALORE – 560079 2. SMT. ANURADHA W/O. T.G. RAGHUKUMAR D/O. K. BHAIREGOWDA NO.18, 1ST CROSS PEENYA 3RD STAGE, GANAPATHINAGAR NEAR MET COLONY BANGALORE – 560 058 ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONERS PENDING ON THE FILE OF V-A.C.M.M BANGALORE IN C.C.NO.21717/2012, ONLY IN SO FAR AS THE PETITIONERS ARE CONCERNED.
IN CRL.P.NO.6121/2013 BEETWEEN SARITHA G W/O. GOVINDARAJU NO.31/1, 4TH MAIN ROAD 4TH CROSS, MUNIKARIAPPA COMPOUND AGRAHARA DASARAHALLI BANGALORE – 560079 …PETITIONER (BY SRI B.S.PRASAD, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY BASAVESHWARANAGAR POLICE STATION BANGALORE 2. SMT. ANURADHA W/O. T.G.RAGHUKUMAR D/O. K.BHAIREGOWDA NO.18, 1ST CROSS PEENYA 3RD STAGE, GANAPATHINAGAR NEAR MET COLONY BANGALORE – 560 058 …RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONER PENDING ON THE FILE OF V-A.C.M.M BANGALORE IN C.C.NO.21717/2012, ONLY IN SO FAR AS THE PETITIONER IS CONCERNED.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners in Crl.P.No.903/2014 are arraigned as accused Nos.2 and 4 and the petitioner in Crl.P.No.6121/2013 is arraigned as accused No.3 against whom charge sheet is laid for the offences punishable under Section 498A of IPC and Sections 3 and 4 of D.P.Act.
2. Heard the learned counsel for the petitioners and learned Additional SPP for respondent No.1/State. Respondent No.2 is served and unrepresented.
3. Perused the records.
4. Reading of the charge sheet indicates that the material allegations are directed only against accused No.1 namely, the husband of complainant. According to the complainant, her marriage was solemnized on 10.11.2010 with accused No.1 and after the marriage, she resided along with petitioners/accused Nos.2 to 4. A reading of the complaint indicates that ever since the date of marriage, the relationship between accused No.1 and complainant has been strained on account of the alleged extra marital relationship between accused No.1 with one Aruna. There are copious reference to the alleged relationship between accused No.1 and said Aruna, which appears to have been the cause for the marital discord between accused No.1 and complainant.
5. In sofaras, the petitioners herein are concerned, except making general and omnibus allegation that these petitioners also subjected the complainant to ill-treatment and harassment, there is no specific averments with reference to the date and place as to the alleged acts committed by the petitioners constituting the offences under Section 498A of IPC. Regarding the offence under Sections 3 and 4 of D.P. Act, there is clear allegation that demand for dowry was made by accused No.1. The complaint does not disclose that the petitioners herein made any demand for dowry or that any part of the dowry was paid into the hands of the petitioners. On the other hand, records indicate that accused No.3 was residing separately since about 11 years and there are no averments whatsoever that she resided along with the complainant/respondent No.2. In the said circumstances, petitioners appears to have roped in the alleged offences without any basis with the ulterior motive to settle score against her husband.
6. Therefore, taking into consideration all the above facts and circumstances, in my view, prosecution of the petitioners/accused Nos.2 and 4 in Crl.P.No.903/2014 and petitioner/accused No.3 in Crl.P.No.6121/2013 is vexatious, malafide and a clear abuse of process of Court.
7. As a result, petitions are allowed. The proceedings pending on the file of V A.C.M.M in C.C.No.21717/2012 are quashed only insofar as petitioners/accused Nos.2 and 4 in Crl.P.No.903/2014 and petitioner/accused No.3 in Crl.P.No.6121/2013 are concerned. The trial shall proceed against accused No.1 in accordance with law.
Sd/- JUDGE HJ