IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5246 OF 2016 BETWEEN:
SMT.SHANTHKUMARI W/O LATE BASAVARAJU AGED ABOUT 70 YEARS R/AT NO.7, 4TH CROSS SHANKANAGA ROAD PAPAIAH GARDEN BANASHANKARI 3RD STAGE BENGALURU – 560006.
(BY SRI B.S.PRASAD, ADVOCATE) AND:
1. STATE OF KARNATAKA BY CHENNAMMANA KERE ACHAKATTU POLICE BENGALURU – 560006 2. VEDANOOPURA V.T W/O CAPTAIN PRASHANTH BASAVARAJ R/AT NO.T31, 2ND FLOOR 14TH CROSS, 2ND PHASE GIRINAGAR BENGALURU – 560 085.
… PETITIONER …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 IN C.C.NO.17047/2014 PENDING ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the mother-in-law of second respondent. The second respondent lodged a complaint before respondent No.1-Police alleging that she was subjected to ill-treatment and harassment in the matrimonial home. In the complaint, almost all the allegations are directed against accused No.1. Insofar as the present petitioner is concerned, the material allegation made in the complaint is that petitioner herein was talking over phone with others insulting the complainant saying that complainant was a destitute person, there is no one to help her and she has not brought any dowry at the time of her marriage. In the charge sheet, it is alleged that the petitioner herein accused the complainant of committing theft of sarees and ornaments.
2. Learned counsel for the petitioner contends that these allegations do not constitute the ingredients of any of the criminal offences insofar as the petitioner is concerned. With regard to the allegation of theft of sarees and ornaments is concerned, the Police have seized the said articles from the house of father of the complainant, as such, the material collected by Investigating Agency does not make out the offences against the petitioner entailing her prosecution.
3. On going through the averments made in complaint and the allegations made in charge sheet, I do not find any material therein which is sufficient to constitute the ingredients of offence under Sections 498-A or 504 of IPC. The allegation in the complaint and in the charge sheet that petitioner herein was insulting the complainant in front of others, by itself does not make out the ingredients of offence under Section 498-A of IPC. Charge sheet is silent as to the date and time when the alleged incident had taken place. Undisputedly, the marriage between complainant and accused No.1 was performed on 30.08.2009. The complaint was filed on 28.02.2013. Accused No.1 is stated to have died about a year back.
4. In that view of the matter, having regard to the nature of allegations made against the petitioner herein, in my view, prosecution of the petitioner for the above offences is totally unwarranted and amounts to abuse of process of Court.
For the said reasons, the petition is allowed. The proceedings in C.C.No.17047/2014 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru are quashed only insofar as the present petitioner is concerned.
PYR Sd/- JUDGE