IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5738 OF 2016 BETWEEN:
1. SAYED SADIQ S/O SYED GHANI AGED ABOUT 30 YEARS, R/AT 1ST CROSS, ANNANAHGAR, SHIVAMOGGA DISTRICT-577201 2. MUSA IMAM SHEK W/O SYED GHANI, AGED ABOUT 50 YEARS, R/AT SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT-577428 3. YUSUF KHAN S/O GOUSE KHAN, AGED ABOUT MAJOR, R/AT HALIYURU VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577428 (BY SRI: KASHINATH J D, ADVOCATE) ... PETITIONERS AND 1. THE STATE OF KARNATAKA BY KOTE CIRCLE WOMEN POLICE STATION, SHIVAMOGGA DISTRICT-577202 2. SMT SIMRAN BEGAM W/O SYED SADIQ, AGED ABOUT 19 YEARS, R/O TIPPU NAGARA, GOPALA MAIN ROAD, SHIMOGA TOWN, 577291 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.103/2016 INITIATED BY THE R-1 POLICE ON THE COMPLAINT OF RESPONDENT NO.2 PENDING ON THE FILE OF JMFC-II AT SHIVAMOGGA FOR THE OFFENCES ALLEGED UNDER SECTIONS 494, 498A, 114 R/W 34 OF IPC, 1860 AS VEXATIOUS SO FAR AS PETITIONERS ARE CONCERNED AND QUASH THE CHARGE SHEET IN C.C.NO.103/2016 FILED BY THE R-1 POLICE PENDING ON THE FILE OF JMFC-II AT SHIVAMOGGA FOR THE ALLEGED OFFENCES UNDER SECTIONS 494, 498A, 114 R/W 34 OF IPC,1860.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are accused Nos.1, 6 and 7 in the charge sheet laid against them under sections 498A, 494, 114 read with 34 of IPC.
Heard learned counsel for petitioners and learned Addl. SPP appearing for respondent No.1. Respondent No.2 is served and unrepresented. Perused the records.
2. The allegation made against accused Nos.6 and 7 is that, at their instance, accused No.1 contracted a second marriage with accused No.2.
3. Learned counsel for petitioners has produced a copy of the order passed by this court in Criminal Petition No.4512/2015 dated 09.02.2016, whereby the proceedings initiated against accused Nos.2 to 5 and 8 in Crime No.91/2015 of Mahila Police Station, Shimogga are quashed on the ground that, parties are Muslims by religion and second marriage is permissible and therefore the offence under section 494 IPC is not made out. Since petitioners also stand on the same footing and facing similar accusations, by extending the benefit of said order, proceedings against accused Nos.1, 6 and 7 for the offences under sections 494, 114 read with 34 of IPC are liable to be quashed.
4. Insofar as the offence under section 498-A of IPC is concerned, the said offence is alleged only against accused No.1. On going through the charge sheet, I do not find any material therein making out the ingredients of said offence. The allegation made in the charge sheet is that, on 07.10.2013, without informing CW.1, accused No.1 went abroad and thereafter, CW.1 was driven out of the matrimonial house.
5. Undisputedly, the marriage between accused No.1 and CW.1 was performed on 25.08.2013. There are no allegations whatsoever that until accused No.1 proceeded abroad on 07.10.2013, either accused No.1 or other accused persons subjected CW.1/complainant to any acts of cruelty or harassment. It is also not the case of the prosecution that after accused No.1 went abroad, he inflicted any cruelty or harassment on CW.1/complainant within the meaning of section 498-A of IPC. In the absence of any such allegation or material, prosecution of accused No.1 for the offence under section 498-A IPC also cannot be sustained.
Consequently, petition is allowed. Proceedings pending in C.C.No.103/2016 on the file of JMFC-II, Shimogga are quashed insofar as accused Nos.1, 6 and 7 are concerned.
Bss Sd/- JUDGE