IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3699 OF 2013 BETWEEN:
1. SRI. DANDI BOTLA GANGADHAR S/O D. RAJASHEKAR, 32 YEARS 2. SRI D. RAJASHEKAR S/O LATE D. NARAYANAMURTHY, 60 YEARS 3. SMT. SHIVAKUMA SUNDARI W/O D. RAJASHEKAR, 55 YEARS 4. SRI D. HARIKRISHNA S/O D. RAJASHEKAR, 34 YEARS 5. SMT. D. USHA W/O D. HARIKRISHNA, 30 YEARS 6. SMT. T. VANAJA W/O T. PRASAD, 30 YEARS 7. SRI T. PRASAD S/O T. SHIVARAMA SHARMA, 35 YEARS 8. SRI SHIVARAMA KRISHNA S/O KRISHNA SHASTRI, 40 YEARS ALL ARE R/O NO.G-2, SRI SAI SHESHU APARTMENTS 12-2-828-A/2, AMBA GARDENS MAHATHI PADAM, HYDERABAD-560028.
... PETITIONERS (BY SRI: VENKAT SUBBA RAO G S, ADVOCATE) AND 1. STATE OF KARNATAKA HANUMANTHANAGAR POLICE HANUMANTHANAGAR BENGALURU-560026.
2. SMT. K.V. SUMALATHA KUMARI W/O DANDI BOTLA GANGADHAR, AGE 30 YEARS NO.91, 6TH CROSS, ASHOK NAGAR BANASHANKARI BANGALORE 560050.
... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; SRI: ADARSH, ADVOCATE FOR SMT: MELANIE SEBASTIAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT LODGED BY THE 2ND RESPONDENT AGAINST THE PETITIONERS IN CR. NO.101/2013 BEFORE THE I A.C.M.M., BANGALORE WITH THE 1ST RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 34, 498A,307 R/W SEC.3 AND 4 OF D.P.ACT VIDE ANNEXURE-A AND CONSEQUENTLY DISCHARGE THE PETITIONERS FROM THE OFENCES ALLEGED AGAINST THEM IN CR. NO.101/2013.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioners’ files a memo alongwith the following documents:-
1. Certified copy of decree in M.C.No.3309/2018.
2. Certified copy of Memorandum of settlement in M.C.No.3309/2018 3. Certified copy of Judgment in C.C.No.17384/2014.
Heard learned counsel for the petitioners and learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1.
2. Petitioners are accused Nos.1 to 8 in Cr.No.101/2013 registered for the offences punishable under sections 506, 34, 498A, 307 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. As against accused Nos.2 to 8, further investigation was stayed by orders of this Court. consequently, investigation was carried on against accused No.1 and a charge sheet was filed against him under sections 498A, 324, 506 of Indian Penal Code and Sections 3 and 4 of D.P. Act.
3. Certified copy of the judgment and order dated 3.11.2018 produced by the learned counsel in C.C.No.17384/2014 indicates that after trial, accused No.1 is acquitted of the charges under Sections 498A, 324, 506 of Indian Penal Code and Sections 3 and 4 of D.P. Act. Even though offence under section 307 Indian Penal Code was invoked in the FIR, after investigation, the said charge was dropped in the charge sheet. Even otherwise, the allegation attracting Section 307 Indian Penal Code were directed only against accused No.1. Insofar accused Nos.2 to 8 are concerned, there are blanket and omnibus allegations that all these petitioners committed act of cruelty and ill-treatment to respondent No.2 and instigated accused No.1 to make a demand for additional dowry. But after trial, accused No.1 having been acquitted of all the above offences, on the same set of facts and evidence relied on by the prosecution, in my view, the prosecution of the petitioners viz., accused Nos.2 to 8 for the above offences would be a futile exercise. In the wake of the findings recorded by the trial court with regard to the involvement of accused No.1 in the above offences, benefit of the said order is required to be extended to the petitioners herein. Thus considering the above facts and circumstances, in order to sub-serve the ends of justice, the proceedings initiated against petitioner Nos.2 to 8 deserve to be quashed.
Consequently, the petition is allowed. The proceedings initiated against the petitioner Nos.2 to 8 arising out of Cr.No.101/2013 stand quashed.
Sd/- JUDGE *mn/-