Karnataka High Court
Sri Abdul Salam vs The State Of Karnataka on 7 February, 2025
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2025:KHC:5703
CRL.P No. 513 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 513 OF 2025
BETWEEN:
SRI ABDUL SALAM,
S/O LATE HAYAT KHAN,
AGED ABOUT 59 YEARS,
R/AT WARD NO.09,
JAMEEYA MASEEDI,
NEAR BAGEPALLI TOWN,
CHIKKABALLAPURA DISTRICT.
AND ALSO BEHIND KEB OFFICE
22ND WARD, BAGEPALLI TOWN AND TALUK,
CHIKKABALLAPURA -561 207.
...PETITIONER
(BY SRI. PRAKASHA M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
STATION HOUSE OFICER,
Digitally
BY WOMEN POLICE STATION,
signed by
VEDAVATHI CHIKKABALLAPURA - 561 207.
AK REPRESENTED BY HIS
STATE PUBLIC PROSECUTOR,
Location:
High court HIGH COURT OF KARNATAKA,
of BENGALURU-560 001.
Karnataka
2. SMT. AMREEN TAJ
W/O SRI. RIYAZ AHMED,
AGED ABOUT 32 YEARS
RESIDINT AT NO. 26/42,
GANGANMIDDE ROAD, 7TH WARD,
CHIKKABALLAPURA -562 104.
...RESPONDENTS
(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1,
R-2 IS SERVED AND UNREPRESENTED)
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NC: 2025:KHC:5703
CRL.P No. 513 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.05/2022
(IS ARISING OUT OF CRIME NO.125/2021) OF WOMEN POLICE
STATION, CHIKKABALLAPURA, FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 498A, 506 READ WITH SECTION 34
OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT
PENDING ON THE FILE OF HONBLE PRL., SENIOR CIVIL JUDGE AND
CJM, CHIKKABALLAPURA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
This petition is filed by the petitioner-accused No.11
under Section 482 Cr.P.C. (Section 528 of BNSS), for
quashing the criminal proceedings in C.C.No.5/2022,
pending on the file of Prl.Civil Judge and CJM,
Chikkaballaur, arising out of Crime No.125/2021,
registered by Women Police Station, Chikkaballapura and
charge sheeted for the offences punishable under Sections
498A, 506 read with Section 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act, 1961.
2. Heard the arguments of learned counsel for the
petitioner and Sri Vinay Mahadevaiah, learned High Court
Government Pleader for respondent No.1-State.
Respondent No.2 is served, but unrepresented.
NC: 2025:KHC:5703
3. The case of the prosecution is that on the
complaint of respondent No.2, the police registered the
FIR and also filed the charge sheet for the aforesaid
offences. It is alleged that complainant married to
accused No.1 on 29.06.2020. At the time of marriage,
Rs.2 lakhs was given as dowry by way of cash, golden
ring, chain, watch etc., apart from household articles.
After the marriage, the accused persons also demanded
additional dowry and threatened her physically and
mentally. Hence, she filed a complaint. The police after
investigation filed the charge sheet, which is under
challenge.
4. The learned counsel for the petitioner submits that
this petitioner-accused No.11 is the relative of accused
Nos.1 and 2. This Court has already quashed the criminal
proceedings as against accused Nos.3 to 10. As the
petitioner is far relative of accused No.1, he has never
stayed in the house of accused No.1 and quarreled with
NC: 2025:KHC:5703
the complainant. Hence, prayed for quashing the criminal
proceedings against the petitioner.
5. Per contra, learned High Court Government
Pleader appearing for respondent No.1-State objected the
petition.
6. Having heard the arguments and perusing the
materials placed on record, this Court has already quashed
the criminal proceedings as against accused Nos.3 to 10,
who are brothers and sisters and are residing separately
from accused Nos.1 and 2. This petitioner is said to be the
relative of accused Nos.1 and 2 and he is also stated to be
staying in Bagepalli, which is far away from the house of
accused Nos.1 and 2. The allegation made against this
petitioner is an omni bus statement, but there are specific
allegations made against accused Nos.1 and 2. By relying
upon the judgment of Hon'ble Apex Court in the case of
Kahkashan Kausar @ Sonam and others -vs- State of
Bihar and others, reported in 2022 LiveLaw (SC) 141,
this Court quashed the proceedings as against accused
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Nos.3 to 10. This petitioner is a far relative and was not
residing in the house of accused Nos.1 and 2 and there are
no specific allegations made against him. If criminal
proceedings are continued against him, it will be abuse of
process of law, hence, proceedings are liable to be
quashed.
Accordingly, the Petition is allowed.
The criminal proceedings against the petitioner-
accused No.11 in C.C.No.5/2022, pending on the file of
Prl.Civil Judge and CJM, Chikkaballaur, arising out of Crime
No.125/2021, registered by Women Police Station,
Chikkaballapura, is hereby quashed.
Sd/-
(K.NATARAJAN)
JUDGE
bk
