Smt. Yallamma vs State Of Karnataka By
2021 Latest Caselaw 2160 Kant

                                       Crl.P.No.7645/2016

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 8TH DAY OF JUNE 2021

                         BEFORE

        THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

           CRIMINAL PETITION No.7645/2016
BETWEEN:

1.     SMT.YALLAMMA
       W/O SRI PUTTAPPA
       AGED ABOUT 68 YEARS

2.     SRI P.S.PARASHURAMA
       S/O SRI PUTTAPPA
       AGED ABOUT 36 YEARS

3.     SRI P.S.GIRISH
       S/O SRI PUTTAPPA
       AGED ABOUT 32 YEARS

       P1 TO P3 ARE R/AT
       NAGANUR VILLAGE
       DAVANAGERE TALUK
       DAVANAGERE DISTRICT

4.     SMT.SHANTHA
       W/O SRI MALTHESH
       D/O SRI PUTTAPPA
       AGED ABOUT 38 YEARS
       R/AT NEGALUR VILLAGE
       HAVERI TALUK, HAVERI DISTRICT       ...PETITIONERS

(BY SRI G.S.VENKAT SUBBA RAO, ADVOCATE)

AND:

1.     STATE OF KARNATAKA BY KOTE CIRCLE
       WOMEN POLICE STATION
       SHIVAMOGGA

2.     SMT.H.PUSHPAVATHI
       W/O SRI P.S.HANUMANTHAPPA
                                                 Crl.P.No.7645/2016

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      AGED ABOUT 34 YEARS
      R/AT YALAKAPPANA KERI
      SHIVAMOGGA                               ... RESPONDENTS

(BY SMT.NAMITHA MAHESH B G, HCGP FOR R1;
    SRI R.B.DESHPANDE, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR
LODGED BY 2ND RESPONDENT WITH 1ST RESPONDENT POLICE
AGAINST THE PETITIONERS IN CRIME NO.91/2016 BEFORE THE
JMFC-II COURT, SHIVAMOGGA REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506
READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF
THE DOWRY PROHIBITION ACT, 1961.

     THIS CRIMINAL PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE MADE THE FOLLOWING:

                           ORDER

Heard.

2. "Whether the proceedings against the

petitioners in Crime No.91/2016 of Women Police Station,

Shivamogga amount to abuse of the process of the Court"?

is the question involved in this case.

3. The first information report in Crime

No.91/2016 was registered against the petitioners and

accused No.1 on the basis of the complaint filed by the

complainant-respondent No.2. For the purpose of Crl.P.No.7645/2016

convenience the parties will be referred to henceforth as

per their ranks in the first information report.

4. The marriage of the complainant and accused

No.1 was solemnized on 22.06.2014. Accused No.2 is the

mother, accused Nos.3 and 4 are brothers and accused

No.5 is the married sister of accused No.1.

5. It was alleged in the complaint that after the

marriage, the accused subjected her to cruelty and

harassment in connection with their demand for additional

dowry and threatened her of her life. It was further alleged

that due to the ill-treatment of accused, the complainant

was forced to take shelter in her parental house at

Shivamogga. It was alleged that accused No.1 visited the

parental house of the complainant and assaulted her there

also.

6. Accused Nos.2 to 5 seek quashing of the first

information report in Crime No.91/2016 (Annexure-B) on

the ground that the matter is purely matrimonial dispute

and to harass the accused, they are falsely implicated in

the case.

Crl.P.No.7645/2016

7. Learned Counsel for the accused-petitioners

has produced copies of the petition, order sheet and

judgment in M.C.No.122/2018 on the file of Family Court,

Shivamogga. The said records show that after filing of the

impugned complaint, the complainant and accused No.1

filed petition under Section 13(b) of the Hindu Marriage

Act, 1955 for dissolution of their marriage by mutual

consent. The recitals in the petition show that

complainant-respondent No.2 agreed to withdraw the

complaint filed in Crime No.91/2016. She also agreed to

withdraw Crl.Misc.No.170/2016 field for maintenance.

8. The records further show that the

complainant-respondent No.2 agreed to give up the claim

of herself and her child for maintenance on receiving

permanent alimony of Rs.4,70,000/-. The copy of the

decree passed in M.C.No.122/2018 dated 09.07.2019

show that the Family Court, Shivamogga on hearing the

parties allowed the petition and granted decree for

dissolution of the marriage.

Crl.P.No.7645/2016

9. The above facts and circumstances go to show

that the dispute between the parties was predominantly

matrimonial dispute and that was given the colour of

criminal case. Having regard to the settlement entered into

between the parties, even if the impugned proceedings

were to continue, the same would not serve any purpose.

10. The Larger Bench of the Hon'ble Supreme

Court in State of M.P. v. Laxmi Narayan1 held that the

High Court exercising power conferred under Section 482

of Cr.P.C can quash the criminal proceedings which

overwhelmingly and predominantly bear the civil character

and arise out of matrimonial relationship or family

disputes, if offences alleged are not against the society or

heinous one.

11. Having regard to the aforesaid judgment,

nature of the offences and the facts and circumstances

discussed above, continuation of the proceedings against

the petitioners amount to abuse of the process of the

Court. Therefore the petition is allowed.

(2019) 5 SCC 688 Crl.P.No.7645/2016

The first information report in Crime No.91/2016

(Annexure-B) of Women Police Station, Shivamogga is

hereby quashed.

Sd/-

JUDGE

KSR