IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2562 OF 2015 BETWEEN:
1. SRI. TAPAN KUMAR HALDER S/O BIRENDRANATH HALDER AGED ABOUT: 65 YEARS, OCCUPATION: BUSINESS, 2. SMT. BULURANI HALDER W/O TAPAN KUMAR HALDER AGED ABOUT 60 YEARS, HOUSE WIFE, 3. DEBOJYOTHI HALDER S/O TAPAR KUMAR HALDER AGED ABOUT 35 YEARS, OCC: BUSINESS 4. SMT. ANURADHA HALDER W/O DEBOJYOTHI HALDER AGED ABOUT 30 YEARS, HOUSE WIFE, ALL ARE RESIDING AT KHATRA VILLSAGE & POST, DISTRICT: BANKURA, WEST BENGAL-722 140.
(BY SRI: AMAR CORREA, ADVOCATE) ... PETITIONERS AND 1. STATE BY J.P. NAGAR POLICE STATION, J.P. NAGAR, BANGALORE-560 078. BY SPP.
2. SMT. PARMITHA HALDER W/O SUBHARAJYOTHI HALDER A/A 30 YEARS NOW R/AT NO.81, 3RD MAIN ROD, SRI. GURU RAGHAVENDRA LAYOUT, 7TH PHASE, J.P. NAGAR, BANGALORE-560 078.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; Ms. KARISHMAH.J., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO:
1)QUASH THE FIR AND COMPLAINT DATED 30.1.2014 FILED BY THE 2ND RESPONDENT WITH THE 1ST RESPONDENT POLICE STATION IN CR. NO.79/2014 REGISTERED UNDER SECTIONS 498A, 504, 506 OF IPC R/W SEC.3 AND 4 OF D.P.ACT R/W 34 OF IPC MARKED AS ANNEXURE-A AND B RESPECTIVELY.
2)QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINS PENDING IN C.C.NO.20361/2014 PENDING ON THE FILE OF V A.C.M.M., BANGALORE MARKED AS C AND C1 RESPECTIVELY.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are accused Nos.2, 3, 4 and 5 in the charge sheet laid against them for the offences punishable under sections 498A, 504, 506 read with 34 of IPC and sections 3 and 4 of Dowry Prohibition Act.
Heard learned counsel for petitioners and learned Addl. SPP for respondent No.1. Learned counsel for respondent No.2 seeks time. Prayer rejected.
2. Respondent No.2 married accused No.1 on 27.01.2008. According to the prosecution, at the time of marriage, the parents of respondent No.2 gave a cot, almirah, Rs.2 lakh cash and 361.15 gms. of gold ornaments as per demands of accused and also gave another 250.475 gms. gold ornaments as gift on the eve of marriage day celebration. It is alleged that, after marriage, respondent No.2 started living with accused No.1 where she was subjected to physical torture. According to respondent No.2/complainant, accused No.1 used to ask her to arrange further sum of Rs.10,00,000/- from her parents for purchasing a flat and on refusal, started abusing her in filthy language.
3. All these allegations are mainly directed against accused No.1. The averments made in the complaint as well as allegations made in the charge sheet and the materials produced in support thereof indicate that, after marriage, respondent No.2 was all along residing with accused No.1. Except alleging that accused No.1 was ill-treating and harassing respondent No.2 at the instigation of petitioners herein, charge sheet does not contain any material with reference to specific date and time and the manner in which petitioners herein either abetted commission or instigated accused No.1 to commit the above offences.
4. The allegations made against the petitioners are bald and general in nature. The manner in which these allegations are leveled against petitioners indicate that, out of grudge and out of spite against accused No.1, petitioners herein are roped in, without there being any basis. The material on record does not point out involvement of petitioners herein either in inflicting cruelty on respondent No.2 or demanding dowry making out the ingredients of the offences under sections 498A of IPC or under sections 3 and 4 of Dowry Prohibition Act. In the said circumstances, prosecution of petitioners for the alleged offences being illegal, malicious and ulteriorly motivated, cannot be allowed to continue.
Accordingly, petition is allowed. Charge sheet and all further proceedings in C.C.No.20361/2014 on the file of V ACMM, Bangalore are quashed only insofar as petitioner Nos.1 to 4/accused Nos.2 to 5 are concerned. Trial shall continue against accused No.1 in accordance with law.
In view of disposal of petition, I.A.No.1/2016 does not survive for consideration and it is also disposed of.
Sd/- JUDGE Bss