Smt Suvarnamma vs State Of Karnataka
2022 Latest Caselaw 8657 Kant

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 13TH DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

         CRIMINAL PETITION No.4410 OF 2019

BETWEEN:

1.      SMT. SUVARNAMMA
        W/O. KALLAPPA SULAD
        AGED ABOUT 65 YEARS
        R/O. VIVEKANANDA BADAVANE
        3RD CROSS
        SHIVAMOGGA TOWN - 577 201

2.      SMT. RATHNAMALAA
        W/O. MALLIKARJUNA
        AGED ABOUT 45 YEARS
        R/O.NO.12, OPP. WATER TANK
        CHIKKANAL POLICE QUARTERS
        HASSAN - 573 202

                                        ...PETITIONERS
(BY SRI. B.S. PRASAD, ADVOCATE)

AND:

1.      STATE OF KARNATAKA
        BY WOMEN POLICE STATION
        KOTE CIRCLE, SHIVAMOGGA
        REP BY SPP
        HIGH COURT BUILDING
        BANGALORE - 560 001
2.      SMT. S. AMBIKA
        W/O. PRASANNA
                           2


     VIVEKANANDA EXTENSION
     3RD CROSS, SHIMOGA
     PRESENTLY RESIDING AT
     SARASWATHI NAGARA
     SHIKARIPURA TOWN
     SHIVAMOGGA - 577 427
                                      ...RESPONDENTS
(BY SRI. ROHITH B.J., HCGP FOR R1;
    SRI. N.G. PARAMESHWARAPPA, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. BY THE PETITIONER PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.367/2019 OF
WOMEN POLICE STATION, FOR THE OFFENCE P/U/S/ 323,
341, 498-A, 504, 506 R/W SEC.34 OF IPC AND SECTIONS
3 AND 4 OF D.P. ACT ON THE FILE OF THE JMFC (II
COURT) IN C.C.NO.367/2019, SHIVAMOGGA.


     THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THROUGH VIDEO CONFERENCING THIS DAY,
THE COURT MADE THE FOLLOWING:

                       ORDER

Charge sheet is filed for the offences punishable

under Sections 323, 341, 498 A, 504 and 506 read

with Section 34 of IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961 against accused Nos.2

and 3, who are mother-in-law and sister-in-law of

respondent No.2 and accused No.1, who is the

husband alleging that the said accused subjected her

to cruelty both mentally and physically and demanded

to bring money from her parental house and also

assaulted her.

2. Learned Magistrate accepted the charge

sheet and took cognizance of the aforesaid offences

and issued summons to the accused. Taking exception

of the same, this petition is filed.

3. Learned counsel for the petitioners submits

that the marriage of respondent No.2 with accused

No.1 was solemnized in the year 1997 however, FIR

was lodged in the year 2017 which clearly implies that

the dispute between the parties arises out of marital

discord, but given a criminal texture so as to falsely

implicate the petitioners-accused. He further submits

that in the absence of any corroborative material, the

charge sheet filed against the petitioners-accused only

on omnibus and general allegations is without any

substance.

4. On the other hand, learned High Court

Government Pleader appearing for respondent No.1-

State submits that the charge sheet material clearly

discloses commission of offences as alleged against

the petitioners-accused and the same does not

warrant interference and sought for dismissal of the

petition.

5. I have considered the submissions made by

the learned counsel for the parties.

6. Admittedly, the marriage of respondent

No.2 was solemnized with accused No.1 in the year

1997 and the FIR was lodged in the year 2017 i.e.,

after 20 years from date of marriage to wreak

vengeance.

7. The accused No.1 had filed a petition under

Section 13 of the Hindu Marriage Act for dissolving his

marriage with the respondent No.2. A perusal of the

judgment passed by the Family Court in

M.C.No.176/2018 indicates that the marriage of

respondent No.2 with accused No.1 has been

dissolved on the ground of cruelty and desertion which

clearly implies that the dispute between the parties

purely arises out of marital discord and FIR is lodged

only with an intention to harass the petitioners-

accused.

8. There is no corroborative material to

substantiate the allegations made against the

petitioners and the charge filed only on the basis of

omnibus and general allegation is not tenable in law.

9. In view of the preceding analysis, I am of

the view that the dispute between the parties arises

out of marital discord and the FIR lodged was with an

ulterior motive to harass the petitioners-accused and

the continuation of the criminal proceedings would be

an abuse of process of law, since the possibility of the

conviction of these petitioners-accused is remote and

bleak. Accordingly, I pass the following:

ORDER

i. Criminal petition is allowed.

ii. The impugned proceedings in

C.C.No.367/2019 pending on the file of JMFC (II

Court), Shivamogga insofar as it relates to accused

Nos.2 and 3 is hereby quashed.

Sd/-

JUDGE

RKA