Karnataka High Court
Smt Jennatabbi W/O. Abdul Gaffer ... vs Mohammed Jafar S/O. Allabhaksh ... on 18 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 103172 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103172 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
1. SMT. JENNATABBI
W/O. ABDUL GAFFER TADAKAL,
AGE. 53 YEARS, OCC. HOUSEHOLD,
R/O. 2ND CROSS, M.D. COLONY,
NEAR MASJID, YALLAPUR ONI,
HUBBALLI, DIST. DHARWAD-580 001.
2. ABDULGAFFUR @ GAFFURSAB
S/O. IMAMSAB TADKAL,
AGE. 63 YEARS, OCC. TYRE BUSINESS,
R/O. 2ND CROSS, M.D. COLONY,
NEAR MASJID, YALLAPUR ONI,
HUBBALLI, DIST. DHARWAD-580 001.
3. SMT. AFREENBANU W/O. WASIM BAGALKOT,
Digitally signed
by RAKESH S AGE. 29 YEARS, OCC. HOUSEHOLD,
RAKESH HARIHAR
S Location: HIGH
COURT OF
R/O. NILGUND LAYOUT, BIDNAL,
1ST CROSS, H.NO.2, HUBBALLI,
HARIHAR KARNATAKA
DHARWAD
BENCH
DIST. DHARWAD-580 001.
4. OSIMSAB @ WASIM
S/O. SALEEMSAB BAGALKOT,
AGE. 38 YEARS, OCC. RLY. EMPLOYEE,
R/O. NILGUND LAYOUT, BIDNAL,
1ST CROSS, H.NO.2, HUBBALLI,
DIST. DHARWAD-580 001.
... PETITIONERS
(BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE)
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CRL.P No. 103172 of 2025
HC-KAR
AND:
1. MOHAMMED JAFAR
S/O. ALLABHAKSH BELAGAON,
AGE. 65 YEARS, OCC. BUSINESS,
R/O. NEAR GOLDEN CHURCH,
MANTUR ROAD, HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580 001.
2. THE STATE OF KARNATAKA,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD,
THROUGH BENDIGERI P.S.-580 001.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.6509/2025
ARISING OUT OF BENDIGERI P.S. HUBBALLI CRIME
NO.44/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER
SECTIONS 80, 85, 115(2), 351(2), 351(3), 352 R/W SECTION
3(5) OF B.N.S. 2023 AND UNDER SECTION 4 OF DOWRY
PROHIBITION ACT 1961, ON THE FILE OF 3RD ACJ AND JMFC,
HUBBALLI, VIDE ANNEXURE-D IN SO FAR AS
PETITIONERS/ACCUSED NO.2 TO 5 HEREIN CONCERNED AS
NULL AND VOID.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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CRL.P No. 103172 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 to 5 are before this Court under
Section 482 of Cr.P.C. with a prayer to quash the entire
proceedings in CC No.6509/2025 pending before the III
Additonal Civil Judge and JMFC, Hubballi, arising out of
Crime No.44/2025 registered by Bendigeri Police Station,
for the offences punishable under Sections 80, 85, 115(2),
351(2), 351(3), 352 R/W Section 3(5) OF B.N.S. 2023 and
under Section 4 of Dowry Prohibition Act 1961.
2. Heard the learned counsel for the petitioners
and learned HCGP for respondent No.1.
3. Learned counsel for the petitioners having
reiterated the grounds urged in petition submits that,
omnibus allegations are made against the petitioners
herein and based on the same, the impugned criminal
proceedings has been initiated against them. He submits
that the deceased had committed suicide on 10.04.2025
and there is no such allegation that on 10.04.2025, the
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petitioners herein had committed any such act which had
instigated or abetted the deceased to commit suicide. He
submits that the petitioners are the relatives of accused
No.1 and only for said reason they have been falsely
implicated in the present case and in similar
circumstances, the Hon'ble Supreme Court in the case of
Dara Lakshmi Narayana and others v. State of
Telangana and Another in Special Leave Petition
No.16239/2024 has quashed the criminal proceedings.
4. Per contra, learned HCGP has opposed the
petition. She submits that the death of the deceased has
taken place in the matrimonial house within a period of 7
years from the date of marriage. There is a presumption
as against the accused as provided in Section 118 of BSA
2023. She submits that there is a specific allegation
against the petitioners that they along with accused No.1
had ill-treated the deceased in her matrimonial house in
furtherance of their demand for bringing additional dowry.
Accordingly prays to dismiss the petition.
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5. First informant in the present case is the father
of deceased Gousiyabanu Mahammad Sadik. Marriage of
accused No.1 with deceased was performed about 3 years
9 months prior to the date on which the deceased had
committed suicide. It is specifically alleged in the first
information that petitioners herein along with accused
No.1 were abusing and ill-treating the deceased both
physically and mentally in furtherance of their demand for
payment of additional dowry. Deceased had committed
suicide in her matrimonial house on 10.04.2025.
Therefore, there is presumption under Section 118 of BSA
2023 as against the accused. After completing
investigation, charge sheet has been filed against 5
persons and petitioners are arraigned as accused Nos.2 to
5 in the charge sheet.
6. During the course of investigation, statement of
relatives and neighbours of the deceased has been
recorded who speak about ill-treatment meted out on her
by the accused persons in the matrimonial house. In the
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charge sheet, it is specifically alleged that all the accused
persons had ill-treated and tortured the deceased in her
matrimonial house in furtherance of their demand for
bringing additional dowry.
7. In the first information, it is specifically alleged
that, few days prior to the deceased committing suicide,
she had returned to her parents' house alleging that she
was ill-treated in her matrimonial house by the accused
persons. Subsequently, she was sent back to her
matrimonial house by her parents after accused No.1 was
advised by well wishers and elders. Therefore, it cannot be
said that there is absolutely no material to prosecute the
petitioners for the charge-sheeted offences. The judgment
in the case of Dara Lakshmi Narayana (stated supra)
has been rendered by the Hon'ble Supreme Court in a case
where FIR was registered for offence punishable under
Section 498A of IPC and Sections 3 and 4 of the Dowry
Prohibition Act. Therefore, the said judgment cannot be
made applicable to the facts and circumstances of the
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present case. It is trite that judgment can be relied upon
and considered as precedent if the same is applicable to
the facts and circumstances of the case. In the present
case, there is a specific allegation against the accused
about ill-treating the deceased in her matrimonial house
and unable to bear the torture meted out on her, she had
earlier returned to her parents' house, but was sent back
by her parents after holding a panchayat, wherein they
had agreed to pay money to accused No.1. Under the
circumstances, I am of the opinion that it is not a fit case
for exercising the inherent powers of this Court under
Section 482 of Cr.P.C. Accordingly, the petition is
dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
VMB
CT:BCK
