IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.919/2016 BETWEEN:
1. SMT.VANAMALA W/O. LATE M.V.VENKATESH AGED ABOUT 62 YEARS NO.468/G, 1ST Off, 1ST PHASE GAYATHRIPURAM, MYSURU -10 2. VINUTHA M.V.
D/O. LATE M.V.VENKATESH AGED ABOUT 34 YEARS NO.468/G, 1ST Off, 1ST PHASE, GAYATHRIPURAM, MYSURU -10 RESIDING AT:
NO.9, SHRUSTI PG, C/o PRABHA B UDUPA, LEWIS ROAD, OPPOSITE SBI BANK, COK TOWN BENGALURU -560005 … PETITIONERS (BY SRI.LOKESHA.K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA (THROUGH WOMEN P.S. MYSURU CITY) REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -01.
2. SMT.ANJALI W/O. VIJENDRA AGED ABOUT 25 YEARS NO.468/G, 1ST Off, 1ST PHASE GAYATHRIPURAM, MYSURU -10 NOW RESIDING AT:
NO. 1/A, 1ST STAGE NEAR MAHAVEERA SCHOOL BRINDAVANA BADAVANE MYSORE -10 ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP for R1; R2 SERVED & UNREPRESENTED) ---
THIS CRIMINAL PETITION FILED U/S.482 CR.P.C., PRAYING TO (a) QUASH THE COMPLAINT DATED 14.12.2015 LODGED BY THE 2ND RESPONDENT HEREIN AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 498(A) AND 506 R/W 34 OF IPC AND SEC. 4 OF D.P. ACT PRODUCED AS ANNEXURE-B TO THE CRIMINAL PETITION;
(b) QUASH THE FIR IN CR.NO.112/2015 REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER FOR OFFENCES P/U/S 498(A) AND 506 R/W 34 OF IPC AND SEC.4 OF D.P. ACT PRODUCED AT ANNEXURE-A TO THE CRIMINAL PETITION AND ALLOW THIS CRL.P.
This Criminal petition coming on for hearing this day, the Court made the following:
O R D E R Petitioners are aggrieved by the registration of FIR against them in Crime No.112/2015 for the offences punishable under sections 498A, 506 read with 34 Indian Penal Code and under section 4 of Dowry Prohibition Act, 1961.
Heard learned counsel for petitioners and learned HCGP for respondent No.1. Respondent No.2 is duly served and unrepresented. Perused the records.
2. The allegations made in the complaint and the FIR are directed only against accused No.1. According to complainant, at the time of marriage, cash of Rs.3,00,000/- was given by way of dowry to accused No.1. It is further stated that, on 10.12.2015 in the midnight, accused No.1 picked up quarrel with complainant and threatened to kill the child and on 11.12.2015 rang up to the mother of complainant and threatened to kill the complainant.
3. Insofar as petitioners herein are concerned, the only allegation made in the complaint is that, when the complainant informed these events to the petitioners, petitioners took the side of accused No.1 and thereby caused mental harassment to her.
4. The above allegations, even if accepted on their face value, do not make out the ingredients of the offences under sections 498A, 506 read with 34 of Indian Penal Code or section 4 of Dowry Prohibition Act. There are no allegations that petitioners herein either demanded any dowry from complainant or her parents or that they subjected the complainant to any cruelty or harassment. If for any reason, petitioners have taken the side of accused No.1, the same does not render petitioners culpable for the alleged offences. In the above circumstances, prosecution of petitioners, is wholly illegal and a total abuse of process of court and therefore, cannot be permitted to continue.
Accordingly, petition is allowed. FIR in Crime No.112/2015 registered by the Women Police Station, Mysuru is quashed only insofar as petitioners namely accused Nos.2 and 3 are concerned. Investigation shall continue against accused No.1 in accordance with law.
Sd/- JUDGE Bss