IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5380 OF 2013 BETWEEN:
1. SARASWATHI @ SARASWATHAMMA S/O SHIVASHANKARA RAJU, AGED ABOUT 61 YEARS, 2. SHIVASHANKARA RAJU S/O LATE MURTHAPPA RAJU, AGED ABOUT 66 YEARS, BOTH ARE R/T NO.42,1ST FLOOR, 16TH "A"CROSS,BHUVANESHWARI NAGAR, KEMPAPURA, HEBBAL, BANGALORE-560 024 ... PETITIONERS (By Sri:KARTHIK YADAV U., FOR S.K. VENKATA REDDY, ADV., ) AND:
1. STATE OF KARNATAKA BY VIJAYANAGARA POLICE, BANGALORE-560 040 2. HEMALATHA W/O DEVARAJU, AGED ABOUT 27 YEARS, R/AT NO.85/5,SANJIVAPPA ROAD, AVENUE ROAD, BANGALORE-560 002 ... RESPONDENTS (By Sri:I.S. PRAMOD CHANDRA, SPP-II FOR R1 S. SHIVAKUMAR, ADV., FOR R2 ABSENT) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.3568/13 ON THE FILE OF THE I ADDL.C.M.M., BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 506 OF IPC AND 3 AND 4 OF D.P. ACT, AGAINST THE PETITIONERS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners and learned SPP- II appearing for respondent No.1.
Learned counsel for respondent No.2 is absent.
2. The petitioners are the father-in-law and mother-in-law of second respondent. She married accused No.1 on 04.06.2010. In the charge sheet, it is alleged that at the time of marriage, 100 gm of gold was given to accused No.1 by way of dowry, inspite of that, at the behest of the petitioners herein, accused No.1 was ill-treating and harassing respondent No.2. Further allegations made in the charge sheet are also directed against accused No.1.
3. According to the prosecution, on 17.4.2012, accused No.1 assaulted the complainant/respondent No.2 and left her in parents’ house and thereafter on 24.04.2012, at 10.30 p.m., they came to the parents’ house of the complainant and picked up quarrel and abused the complainant and also tried to snatch the child from her.
4. A reading of the above allegations makes it evident that the accusations are directed primarily against accused No.1. Solely because the petitioners are parents of accused No.1, they have been implicated in the alleged offences. The only allegation against the petitioners is that at their behest, accused No.1 subjected the complainant to cruelty and harassment. This allegation, even if accepted in its entirety, does not constitute the offences alleged against the petitioners under Sections 498A and 506 Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Consequently, the prosecution of the petitioners being totally an abuse of process of Court and vindictive in nature is liable to be quashed.
Accordingly, the petition is allowed. The proceedings pending against the petitioners in C.C.No.3568/2013 on the file of I Addl. Chief Metropolitan Magistrate, Bengaluru are quashed only insofar as the petitioners/accused Nos.2 and 3 are concerned.
Sd/- JUDGE *mn/-