Sangamesh @ Sangappa And Anr vs The State Of Karnataka And Anr
2023 Latest Caselaw 3999 Kant

Citation : 2023 Latest Caselaw 3999 Kant
Judgement Date : 5 July, 2023

Karnataka High Court

Sangamesh @ Sangappa And Anr vs The State Of Karnataka And Anr on 5 July, 2023

Bench: Hemant Chandangoudarpresided Byhcj

                                               -1-
                                                     NC: 2023:KHC-K:4916
                                                     CRL.P No. 200150 of 2023




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                              DATED THIS THE 5TH DAY OF JULY, 2023

                                            BEFORE
                        THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR


                              CRIMINAL PETITION NO.200150 OF 2023
                   BETWEEN:

                   1.    SANGAMESH @ SANGAPPA
                         S/O SIDDAPPA DALAWAI
                         AGE. 51 YEARS, OCC. GOVERNMENT TEACHER,
                         R/O 83 GOUDARA ONI, INGLESHWAR
                         TQ BASAVANA BAGEWADI,
                         DIST VIJAYAPURA

                   2.    PARVATI W/O SANGAMESH @ SANGAPPA DALAWAI
                         AGE. 41 YEARS, OCC. GOVERNMENT TEACHER,
                         R/O 83 GOUDARA ONI INGALESHWAR
                         TQ BASAVANA BAGEWADI,
                         DIST VIJAYAPURA
Digitally signed
by KHAJAAMEEN
L MALAGHAN
                                                              ...PETITIONERS
Location: HIGH
COURT OF           (BY SRI. SHIVANAND V PATTANASHETTI, ADVOCATE)
KARNATAKA
                   AND:
                   THE STATE OF KARNATAKA
                   R/BY ADDL SPP KALABURAGI
                   BENCH 585107
                   (THROUGH B.BAGEWADI POLICE STATION,
                   DIST VIJAYAPURA)

                                                             ...RESPONDENT

                   (BY SRI. GURURAJ V. HASILKAR, HCGP FOR R1
                   BY SMT. HEMA L.K. FOR R2)
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                                 NC: 2023:KHC-K:4916
                                 CRL.P No. 200150 of 2023




     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT

REGISTERED IN BASAVANA BAGEWADI PS FIR (CRIME)

NO.254/2022 FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 143, 147, 323, 498(A), 504 AND 506 READ WITH

SECTION 149 OF IPC, PENDING ON THE FILE OF CIVIL JUDGE

AND JMFC BASAVANA BAGEWADI DISTRICT VIJAYAPURA.


     THIS PETITION, COMING ON FOR ADMISSION, THIS

DAY, THE COURT MADE THE FOLLOWING:


                         ORDER

This petition under Section 482 of Cr.P.C. is filed by

the petitioners - accused Nos.4 and 5 praying to quash the

FIR and complaint registered in Basavana Bagewadi Police

Station in Crime No.254/2022 for the offences punishable

under Sections 143, 147, 323, 498(A), 504 and 506 read

with Section 149 of IPC, pending on the file of the Civil

Judge and JMFC, Basavana Bagewadi.

NC: 2023:KHC-K:4916 CRL.P No. 200150 of 2023

02. The summary of the FIR is that, the accused

No.1 is the husband of respondent No.2 - de-facto -

complainant, the accused Nos.2 and 3 are the parents-in-

law, the accused No.4 is the husband of accused No.5 and

the accused No.5 is the sister-in-law. They subjected the

respondent No.2 - de - facto - complainant, to cruelty both

physically and mentally.

03. Heard the learned counsel for the petitioners -

accused Nos.4 and 5, the learned High Court Government

Pleader for the respondent No.1 - State and the learned

counsel for the respondent No.2 - de - facto - complainant.

04. Perusal of the first information report indicates

that, there is no specific allegation as against the

petitioners - accused Nos.4 and 5, as to how and in what

manner, they subjected the respondent No.2 - de - facto -

complainant to cruelty both physically and mentally, except

making omnibus and general allegations.

NC: 2023:KHC-K:4916 CRL.P No. 200150 of 2023

05. The Hon'ble Supreme Court in the case of

Kahkashan Kausar v. State of Bihar, reported in

(2022) 6 SCC 599, at Para No.18, has held as under :

"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 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."

06. Admittedly, the petitioners - accused Nos.4 and

5 are residing separately at Karbatnal village Tq: B.

Bagewadi and the matrimonial house is at Huvinahipparagi

Tq: B. Bagewadi.

NC: 2023:KHC-K:4916 CRL.P No. 200150 of 2023

07. Since, there is no specific allegation as against

these petitioners - accused Nos.4 and 5, except omnibus

and general allegation. The continuation of the

investigation will be an abuse of process of law.

Accordingly, I pass the following;

ORDER

I. The Criminal Petition is allowed.

II. The First Information Report in Crime

No.254/2022 registered by the Basavan

Bagewadi Police Station, insofar it relates to

petitioners - accused Nos.4 and 5, is hereby

quashed.