Karnataka High Court
Smt. Jyothi Kamal Kishor vs The State Of Karnataka on 6 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:44122
CRL.P No. 6449 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6449 OF 2022
BETWEEN:
1. SMT. JYOTHI KAMAL KISHOR,
W/O KISHORE,
AGED ABOUT 72 YEARS,
2. BHAGYASHREE.K.,
DAUGHTER OF LATE KAMAL KISHOR,
AGED ABOUT 26 YEARS,
BOTH ARE R/AT NO.403,
PEARL PARADISE APARTMENT,
BASAVASAMATHI MAIN,
THINDLU, VIDYARANYAPURA,
BANGALORE - 560 097.
Digitally signed by B
...PETITIONERS
K
MAHENDRAKUMAR (BY SRI. K.N.PHANIDRA, SENIOR COUNSEL FOR
Location: HIGH
COURT OF
KARNATAKA
SRI. P. PRASAD., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
VIDYARANYAPURA POLICE STATION,
BY VIDYARANYAPURA,
REPRESENTED BY SPP.,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
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NC: 2023:KHC:44122
CRL.P No. 6449 of 2022
2. SMT. SANGEETHA,
W/O ABISHEK K,
AGED 29 YEARS,
R/AT NO.660, BELAVATHA,
R.B.I. POST,
MYSURU - 570 003.
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1;
SRI.SHIVAKUMAR S.B., ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO
QUASH FIR AND THE COMPLAINT FILED AGAINST THE
PETITIONERS IN CR.NO.101/2022 U/S 498A, 323, 504 R/W 34
OF IPC AND SEC.3, 4 OF D.P ACT PENDING ON THE COURT OF
41st ACMM, BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioners - accused Nos.2 and 3 are sought to be
prosecuted for the offences punishable under Sections 498-A,
323, 504 read with Section 34 of Indian Penal Code, 1860 and
Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that, the accused No.1
is the husband, accused No.2 is the mother-in-law and accused
No.3 is the sister-in-law of the second respondent. They have
subjected the defacto complainant to cruelty both mentally and
physically and also demanded to bring money from her parental
home, and on 09.05.2022 an assault was made by the accused
No.3 on the defacto complainant.
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3. Sri K N Phaneendra, learned Senior counsel submits
that the charge sheet does not contain any material to
substantiate that the petitioners herein demanded with the
defacto complainant to bring dowry. He further submits that
except omnibus and general allegations, there are no specific
allegations against each of the petitioners herein as to how and
in what manner they subjected the defacto complainant to
cruelty. He further submits that the wound certificate produced
along with the charge sheet to substantiate that the defacto
complainant sustained simple injuries due to the alleged assault
by the petitioner No.3 was created to falsely implicate the
petitioners. In support of this he places reliance on the
decision of the Hon'ble Supreme Court in the case of
Kahkashan Kausar @ Sonam and Others vs. State of
Bihar reported in 2022 SCC online SC 162.
4. Learned counsel for the respondent No.2 submits that
the charge sheet material discloses the commission of the
offences alleged against the petitioners herein. He further
submits that the wound certificate clearly establishes that the
defacto complainant sustained simple injury due to the assault
made by petitioner No.3. He further submits that the veracity
of the allegations against the petitioners herein can be
considered only at the time of trial.
5. Considered the submissions made by the learned
counsel for the parties.
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6. Perusal of the wound certificate indicated that the
second respondent is alleged to have suffered bodily pain due
to the alleged assault by petitioner No.3. When a quarrel takes
place and in the resultant scuffle, it is natural that either of the
parties may suffer simple injuries, and that alone cannot
constitute an offence under Section 323 IPC when there is no
material to substantiate that the Petitioner No.3 had any
intention to cause injury.
7. Section 498A should be applied cautiously and not
be used as a tool for harassment , as an isolated incident of
quarrel cannot necessarily prove cruelty under the provision.
This Court at the time of granting interim order has observed
that there was no overt act by accused Nos.2 and 3 in the
complaint and the charge sheet and prima facie if further
proceedings are permitted to continue the same would be an
abuse of process of law and fall foul of the judgment rendered
by the Hon'ble Apex Court rendered in the case of Kahkashan
Kausar (supra).
8. The Apex Court in the case of Kahkashan Kausar
@ Sonam and Others vs. State of Bihar reported in 2022
SCC online SC 162 at para No.18 has held as follows:
"18. The above-mentioned decisions clearly demonstrate
that this court has at numerous instances expressed
concern over the misuse of section 498A IPC and the
increased tendency of implicating relatives of the
husband in matrimonial disputes, without analysing the
long term ramifications of a trial on the complainant as
well as the accused. It is further manifest from the said
judgments that false implication by way of general
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omnibus allegations made in the course of matrimonial
dispute, if left unchecked would result in misuse of the
process of law. Therefore, this court by way of its
judgments has warned the courts from proceeding
against the relatives and in-laws of the husband when
no prima facie case is made out against them."
9. Therefore, in the absence of any specific overt act of
the petitioners, the continuation of the criminal proceedings
against the petitioners only on the basis of omnibus and
general allegations would be an abuse of process of law.
Accordingly, I pass the following:
ORDER
i. Criminal petition is allowed.
ii. The impugned proceedings in C.C. No.24470/2022
on the file of 41st Additional Chief Metropolitan Magistrate,
Bengaluru, insofar as it relates to the petitioners stands
quashed.
Sd/-
JUDGE
YKL
