Criminal Petition No. 6278 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6278 OF 2018 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT RAMAKKA W/O REVANNA AGED ABOUT 52 YEARS, RESIDENT OF MANANGI POST, SIRA TALUK, SOREKUNTE TUMAKURU-572139 2. SRI REVANNA S/O LATE MUNIYAPPA AGED ABOUT 62 YEARS, RESIDENT OF MANANGI POST, SIRA TALUK, SOREKUNTE TUMAKURU-572139 3. SMT S R MANJULA D/O REVENNA W/O VENKATESHA AGED ABOUT 35 YEARS, RESIDENT OF DIPAK STAMP 6TH MAIN ROAD, NAGASANDRA POST BENGALURU-560073
Legal Reasoning
4. SRI VENKATESHA S/O PUTTAIAH @ PUTTASWAMAIAH AGED ABOUT 36 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR RESIDENT OF DIPAK STAMP, 6TH MAIN ROAD, NAGASANDRA POST, BENGALURU-560073 5. SMT SHOBHA W/O DHANPAL R AGED ABOUT 35 YEARS, RESIDENT OF KATRIKEHAL THIRTHAPURU POST AND TQ, TUMAKURU-572101 6. DHANPAL R S/O RAJANNA AGED ABOUT 45 YEARS RESIDENT OF KATRIKEHAL THIRTHAPURU POST AND CN HALLI TALUK TUMAKURU-572214 7. SMT KALPANA R W/O VEERABADRA AGED ABOUT 27 YEARS, RESIDENT OF SRI VENKATESHWARA TEMPLE MAIN ROAD, BEHIND POLICE STATION GIDIBANDE POST, ANANTHPURA, ANDRAPRADESH-515001 8. SRI VEERABADRA S/O LATE LAKSHMINARASAPPA AGED ABOUT 32 YEARS, RESIDENT OF SRI VENKATESHWARA TEMPLE MAIN ROAD, BEHIND POLICE STATION, GIDIBANDE POST, ANANTHPURA, ANDRAPRADESH-515001. (BY SRI. CHETHAN.B, ADVOCATE) …PETITIONERS - 3 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR AND: 1. SMT ASHARANI V W/O THIMMARAJU AGED ABOUT 30 YEARS, RESIDENT OF BANGARAPPA COLONY, HEBBURU, TUMKUR-573201 2. THE STATE OF KARNATAKA BY WOMEN POLICE STATION TUMKUR-572101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560001 (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R2; SRI.M.B.CHANDRA CHOODA, ADVOCATE FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.85/2018 (CRIME NO.107/2017) REGISTERED WOMEN POLICE STATION, TUMKUR, PENDING ON THE FILE OF THE HON'BLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMKUR FOR THE ALLEGED OFFENCE UNDER SECTION 498- A,323,504 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 4 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR ORAL ORDER Petitioners who are arraigned as accused Nos.2 to 9 have filed this petition under Section 482 of the Code of Criminal Procedure, with the prayer to quash criminal proceedings initiated against them in C.C.No.85/2018 on the file of II Addl.Senior Civil Judge & and JMFC, Tumakuru, for the offences punishable under sections 498- A, 323, 504 r/w Section 34 of IPC. 2. In support of the petition, the petitioners have contended that accused No.1 and complainant fell in love and got married in 2012 at Yellamma Temple without the consent of parents and other relatives. They stayed at Kunigal and later shifted to Bangarappa colony, Hebbur of Tumakuru. They are having a daughter aged one and half years. During 2017, they went to the house of accused Nos.2 and 3 for Gauri festival and stayed there for one week. Accused Nos.4 to 9 also came to attend the festival. However, complainant filed a complaint that all the persons - 5 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR abused and harassed her. The concerned police without application of mind have filed charge sheet. 3. There are no specific allegations against the petitioners, attracting the provisions for which the charge sheet is filed. Only to harass and pressurize accused No.1, petitioners are implicated. Except the bald allegations made in the complaint, there are no material to connect the petitioners with the crime alleged. Petitioners and complainant never resided together and they never had any opportunity to harass and threat the complainant. In the above facts and circumstances, continuation of criminal proceedings against petitioners would amount to abuse of process of the Court and hence the petition. 4. Learned counsel representing respondent No.1/complainant and learned High Court Government Pleader representing respondent No.2 - State would submit that though complainant and accused No.1 got married after falling in love without the consent of their parents and - 6 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR stayed together for a period of seven years and are having a daughter who is now aged one and half years, before the filing of the complaint, they were invited to the house of accused Nos.1 and 2 for festival and during this period, petitioners also went to the house of accused Nos.2 and 3 and there they abused, ridiculed and threatened the complainant, saying that she has married accused No.1 without the knowledge of anyone and they would not accept it. 5. On the next day, complainant and accused No.1 returned to Hebbur. After the said incident, accused No.1 also started harassing and ill treating her. In this regard, a counseling was also held wherein accused No.1 undertook to desist from harassing the complainant. After one month, on 13.09.2017, at around 3.00 p.m all the persons, including the petitioners, visited the house of complainant and abused her. Accused No.1 also assaulted her. On 10.10.2017, when complainant gave complaint, accused No.1 undertook to set up a separate residence and take the - 7 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR complainant with him. However, he has not come forward to fulfill his promise and now he is not ready to lead marital life with the complainant and therefore complaint is filed. They would further submit that after conducting detailed investigation, charge sheet is filed. There is prima facie material to proceed against the petitioners and pray to dismiss the petition. 6. Heard arguments and perused the record. 7. The undisputed facts are that accused Nos. 2 and 3 are the parents of accused Nos.1, 4, 6 and 8. Accused Nos.4, 6 and 8 are the married daughters and accused Nos.5, 7 and 9 respectively are their husbands. Admittedly, they are living separately from accused Nos.2 and 3. In fact, the complaint revealed that complainant and accused No.1 fell in love and got married without the knowledge and consent of remaining accused persons about six years prior to the filing of the complaint. They were staying separately. Only during 2017, for Gowri - 8 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR festival, they went to the house of accused Nos.2 and 3. Thus, the complainant had no occasion to live with accused Nos.2 and 3 and also accused Nos.4 to 9, who are admittedly living separately. It appears of late difference of opinion arose between complainant and accused No.1 and for this reason, in order to pressurize accused No.1, she has roped in the remaining accused persons including the petitioners before this Court. In the light of the bald allegations made in the complaint, petitioners cannot be proceeded against and continuation of the criminal proceedings amount to abuse of the process of the Court and therefore, they are liable to be quashed and accordingly following:
Decision
ORDER (i) Petition filed by accused Nos.2 to 9 under Section 482 of Cr.P.C is allowed. (ii) The criminal proceedings initiated against the petitioners in C.C.No.85/2018 (Cr.No.107/2017 of the Women police - 9 - NC: 2025:KHC:22089 CRL.P No. 6278 of 2018 HC-KAR station, Tumakuru) pending on the file of II Addl. Senior Judge and JMFC, for the offences punishable under Sections 498-A, 323, 504 r/w Section 34 of IPC are hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 28