Sri Khazi Zabiulla vs State Of Karnataka
2023 Latest Caselaw 1273 Kant

                           1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 13TH DAY OF FEBRUARY, 2023

                        BEFORE

       THE HON'BLE MR. JUSTICE K.NATARAJAN

          CRIMINAL PETITION NO.6997 OF 2021

BETWEEN

1 . SRI KHAZI ZABIULLA
    AGED ABOUT 74 YEARS,

2 . SMT HASHMAT UNNISA
    W/O KHAZI ZABIULLA,
    AGED ABOUT 66 YEARS,

3 . SRI MOHAMMED LIYAS KHAZI
    S/O ZABIULLA,
    AGED ABOUT 40 YEARS,

4 . SMT SAMREEN BANU KHAZI
    W/O MOHAMMED LIYAS KHAZI,
    AGED ABOUT 25 YEARS,

5 . SRI MOHAMMED IFTHEQAR
    S/O KHAZI ZABIULLA,
    AGED ABOUT 44 YEARS,

   PETITIONERS NO.1 TO 5 ARE
   R/AT NO.173,
   A BLOCK, 10TH CROSS,
   BEHIND POOJA HOTEL,
   DEVARAJA ARASU LAYOUT,
   SOUTHERN EXTENSION,
   DAVANAGERE-577006
                         2



6 . SMT NUZHATH NAZNEEN
    W/O MOHAMMED IFTHEQAR,
    AGED ABOUT 42 YEARS,
    R/AT NO.99,
    KEREBILACHI,
    DAVANAGERE-577218

7 . SMT JANNATHUL FIRDOUS KHAZI
    W/O FAZAL MAHMOOD,
    AGED ABOUT 43 YEARS,
    R/AT NO.119, IST FLOOR,
    CENTRAL EXCISE COLONY,
    GOKUL ROAD, UDYAMNAGAR,
    HUBLI-580030

8 . SRI ABDUL MUNAF
    S/O MOHAMMED HAYATH SAB,
    AGED ABOUT 62 YEARS,
    R/AT PRASANNA TAKEES ROAD,
    CHALLAKERE,
    CHITRADURGA-577501
                                   ... PETITIONERS
(BY SRI SAMARTHA S., ADVOCATE)

AND

1 . STATE OF KARNATAKA
    DAVANAGERE WOMEN POLICE,
    DAVANAGERE-577001
    REPRESENTED BY LEARNED
    STATE PUBLIC PROSECUTOR,
    HCK,
    BANGALORE-01

2 . SMT GAZALA SULTHANA D.
    W/O KHAZI MUZAFFAR UL ISLAM,
    AGED ABOUT 29 YEARS,
    R/AT DOOR NO.298/1,
                                3



    IST MAIN, 4TH CROSS,
    SHANKAR VIHAR BADAVANE,
    DAVANAGERE - 577 001
                                           ... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN
CR.NO.89/2020 ON THE FILE OF THE DAVANAGERE
WOMEN P.S., DAVANAGERE WHICH IS PENDING ON THE
FILE OF THE HONBLE II ADDL.CIVIL JUDGE (SR.DN) AND
JMFC COURT, DAVANAGERE FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 506, 798A, 504, 417,
323, 419, 420, 114, 34 OF IPC AND UNDER SECTIONS 3
AND 4 OF D.P. ACT           AND THE CONSEQUENT
INVESTIGATION AS AN ABUSE OF PROCESS OF LAW.

     THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 23.01.2023, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed by the petitioners-accused Nos.2

to 9 under Section 482 of Cr.P.C. for quashing the FIR in

Crime No.89/2020 registered by Davanagere Women

Police Station, Davanagere, pending on the file of II

Additional Civil Judge (Sr.Dn.) and JMFC Court,

Davanagere for the offences punishable under Sections

506, 498A, 504, 417, 323, 419, 420 114, read with

Section 34 of the Indian Penal Code, 1860 (for short 'IPC')

and Sections 3 and 4 of the Dowry Prohibition Act, 1961

(for short 'D.P. Act').

2. Heard the arguments of learned counsel for the

petitioners, learned High Court Government Pleader for

respondent No.1-State and learned counsel for the

respondent No.2.

3. The case of the prosecution is that the

respondent No.2-Smt. Gazala Sulthana filed a complaint to

the Police on 15.09.2020 alleging that she is a BDS Doctor

and accused persons are known to his father. The accused

persons approached her father with the proposal of her

marriage with accused No.1 saying that accused No.1 is

the MBBS Doctor, has done DNB and working in a reputed

Hospital. Their marriage was performed on 28.08.2016. At

the time of marriage negotiation, the accused persons

demanded Rs.10,00,000/- dowry by way of cash, 50

grams golden ornaments, house hold articles and have

spent Rs.10 to 12 lakhs towards marriage expenditure.

After the marriage, they lived happily and thereafter, the

accused persons started troubling the complainant, at that

time, she was doing internship. Accused No.1 took her to

Bengaluru and they both stayed together. Thereafter she

went to Davanagere for delivery purpose. When they were

residing together at Bengaluru, the accused used to

suspect her fidelity. Accused Nos.2 and 3 who are the

parents of accused No.1 used to visit Bengaluru, at that

time, accused No.1 used to harass her physically and

mentally. They also used to say that accused No.1 is MBBS

doctor, they complainant's father could have given more

dowry and then they started demanding additional dowry.

Accused No.2-father-in-law, accused No.3-mother-in-law

and elder brother of accused No.1-Mohammed Iliyaz Khazi

and his wife-Samreen, Mohammed Iftheqar, Nuzhath

Nazneeth and sister-in-law-Jannathul Firdous Khazi used

to blame the complainant that accused No.1 is MBBS

doctor, the dowry given by the her is very meager and

demanded the dowry equal to the status of the MBBS

doctor. Accused No.1-Khazi Muzaffar is a Doctor and he

demanded additional dowry equal to the status of the

doctor. He used to abuse her in filthy language. The

complainant has tolerated in order to keep peace in the

marital life. Even then, the accused persons used to abuse

her in filthy language by not providing proper food.

4. The complainant further alleges that her

parents had telephone talk with accused No.1 and advised

him, but, in spite of the same, accused No.1 and other

accused persons continuously troubled her, thereafter, she

went to her parents' house for higher studies, at that time,

accused No.1 came to the house, along with his friend

Vinayaka Gujjar and while both were talking together, his

friend Gujjar asked accused No.1 about his job, accused

No.1 said that he is working as a Doctor in the

Government Hospital at Bengaluru. But his friend told her

that accused No.1 dropped out from the college while he

was studying B.Sc in DRM College as he was unable to

continue his studies. Thereafter, the complainant family

came to know that accused No.1 is not at all a MBBS

doctor. He has done a paramedical course and working in a

Government hospital as paramedical staff. After knowing

the same, when the father of the complainant questioned

the accused persons about the same, but they have

consoled stating that whatever has happened is happened,

not to rise any issue. She also kept quite for sometime,

but the accused No.1 threatened her stating that she

should not inform anybody that he is not MBBS doctor. He

threatened to kill the complainant, her son and also

threatened that he will spoil the service of the husband of

her elder sister.

5. She further alleges that on 01.08.2020 at

10.00 a.m., accused No.1 came to the house of the father

of the complainant in a drunken stage and demanded

Rs.8.00 lakhs for purchasing the house and also demanded

money for paying advance amount for purchasing the flat.

At that time, accused No.1 abused her father physically

and mentally, later, accused No.1 telephoned to his

parents, sister-in-law and other accused and the accused

persons came near the house, they picked up quarrel with

her and her father, abused them in filthy language.

Hence, she has requested to take action. After receipt of

the complaint, the Police registered the FIR which is under

challenge.

6. The learned counsel for the petitioners has

contended that these petitioners are in-laws. There is no

specific allegation against them. All the allegations are

general and omnibus. Accused No.1 and complainant were

residing separately and the other accused were residing

separately. Therefore, the FIR against the petitioner is

liable to be quashed. In support of his argument, he has

relied upon the judgment of the Hon'ble Supreme Court in

the case of Kahkashan Kausar Alias Sonam and

Others vs. State of Bihar and Others reported in

(2022) 6 SCC 599.

7. Per contra, learned High Court Government

Pleader submits, the matter is under investigation, there is

specific allegation made against all the accused persons.

They are all falsely represented that accused No.1 is MBBS

doctor, but, he is B.Sc. incomplete. The investigation is

already completed, except filing the charge-sheet, the

entire investigation is done. The Investigating Officer is

ready to file the charge-sheet. Hence, prayed for

dismissing the petition.

8. The learned counsel for respondent No.2 has

objected and contended that there are specific allegation

against each of the accused persons. Accused No.3-mother

of accused No.1 demanded cash and gold and all family

members came to the house of the complainant, they

demanded more dowry as accused No.1 was MBBS doctor.

But he was B.Sc. drop out and working as medical staff in

the Government Hospital. He has produced the false ID

card showing that he is the doctor working in the hospital.

They cheated the complainant's family and demanded

more dowry in the name of doctor. Hence, prayed for

dismissing the petition.

9. Having heard the arguments and on perusal of

the records, which reveals, the marriage between accused

No.1 and the complainant is not in dispute. Accused No.1

is said to be claimed himself as MBBS doctor and the

marriage is arranged marriage. All the family members

including accused No.9 who is a marriage broker have

disclosed the accused No.1 as MBBS doctor and later, it

was found that he has applied for Alternative Medical

Council, Calcatta for his studies. The allegation against

accused Nos.2 and 3 who are the parents of accused No.1

and other accused were all went for the proposal of

marriage and demanded more money as accused No.1 is

MBBS doctor. Though, maximum allegation in the

complaint is on accused No.1, but it cannot be said that

there is no allegation against these petitioners. There is

specific allegation in the FIR against these petitioners. As

per the submission of the learned High Court Government

Pleader, the investigation is completed. When the Police

were ready to file the charge-sheet, this Court stayed the

further investigation. Considering the facts and

circumstances of the case and also keeping in mind about

the judgment of the Hon'ble Supreme Court in the case of

Kahkashan Kausar stated supra and on perusal of the

complaint, there are several allegation against all the

accused persons. Accused No.1 obtained certificate from

the Alternative Medical Council, Calcatta and he is said to

be claiming as MBBS doctor and working in Government

hospital by having fake ID cards. Therefore, suppressing

the fact that accused No.1 is not a doctor, claiming him as

doctor by these accused persons, marrying the

complainant and demanding more dowry were all

punishable under Dowry Prohibition Act and also IPC

Sections. The FIR is not an encyclopedia to contain all the

allegation against all the accused persons, whereas the

Investigating Officer is said to be prepared the charge-

sheet and ready to file the same. Such being the case, the

FIR cannot be quashed at this stage.

10. Accordingly, the criminal petition is hereby

dismissed.

Sd/-

JUDGE GBB