MOHAMMED YOUSUF v. THE STATE OF KARNATAKA

(BY SRI. MOHAMMED SALEHA @ MUKARRAM, ADVOCATE) …PETITIONERS AND:

1. THE STATE OF KARNATAKA BY ASHOKNARA POLICE STATION, BANGALORE-560 050, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

2. SMT. SYEDA SHAGUFTA AFSHAN W/O. MOHAMMED YOUSUFF, AGED ABOUT 30 YEARS, R/AT NO. 13, SHADAB HOUSE, ABHIRUDDI GARDEN, NEXT TO ASSIS SCHOOL, T.C. PALYA, K.R. PURAM, BANGALORE - 560 036. (BY SRI. ANITHA GIRISH, HCGP FOR R1; SRI. B. THYAGARAJA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 55563/2021 ON THE FILE OF THE …RESPONDENTS - 3 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT MAYOHALL, BANGALORE CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R This petition is filed by petitioners/accused Nos.1 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.55563/2021 pending on the file of XXXIX Additional Chief Metropolitan Magistrate at Mayohall, Bangalore arising out of Crime No.263/2020 registered by Ashoknagara Police Station, Bangalore and charge-sheeted for the offence punishable under Sections 498(A) and 504 of Indian Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act').

2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State and learned counsel for the respondent No.2.

3. The case of the complainant are as stated that the complaint filed by the respondent No.2 before the respondent No.1-Authority, it is alleged that her marriage with accused No.1 was held on 15.06.2019 as per Sunni Muslim Customs and Traditions at Sulthan Sha Mosque situated at Shivajinagara - 4 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 Hospital Road, Bangalore. At the time of marriage, when the demand made by petitioner No.1 and his family members, they have spent Rs.8 Lakhs towards wedding expenses and four different branded watches worth of Rs.50,000/-, Sherwani and Suit worth of Rs.28,500/-, Platinum and Silver rings worth of Rs.26,000/-, customized furnitures worth of Rs.1.5 Lakhs, House hold appliances including Bosch Washing Machine and cash of Rs.21,000/- was given as dowry as demanded by accused No.1 and his family members. After the marriage, they started demanding Rs.10 Lakhs from the complainant for discharging their debts as well as marriage of the accused No.4 and pilgrimage expenses for the accused Nos.2 and 3.

4. It is further alleged by her that on 18.06.2019 itself accused No.1 demanded her marks cards and net banking details and demanded to pay the amount of Rs.37,000/- in order to repay his debts. Accordingly, the complainant said to have paid Rs.81,000/- and Rs.51,000/- totally Rs.1,32,000/- was transferred to his account. The accused Nos.2 and 4 also abused in filthy language and forced her to do all household works and also to say if he marriage some other girl, they have got site, bungalow, cash of Rs.25 lakhs, cars etc., were demanded. Even on 01.10.2019, the accused No.1 while - 5 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 dropping to office he demanded Rs.60,000/- from her and she refused to pay, he left her in the middle of the road by abusing in filthy language. Subsequently, there was a panchayath in the house of Fayaz there also demanded money of Rs.10 Lakhs to going abroad for pilgrimage and marriage expenses of accused No.4. Once the accused No.1 had met with an accident, the accused Nos.4 to 6 have assaulted her because of the complainant, he sustained injuries by accident. The complainant wanted to invite the accused for her elder brother marriage. At that juncture, the accused and his family picked up a quarrel and thrown out the jewels and asked her to leave by saying get lost. Thereafter, the complainant lodged a complaint. After registering the case, Police investigated the case and filed the charge sheet, which is under challenge.

5. Learned counsel for the petitioners contended that there is no specific allegation against the accused persons and been falsely implicated the entire family members including uncle and aunt, the married sister and brother-in-law. There was panchayath held in the house of Fayaz and the amount was given back to the complainant and accused No.1 filed divorce petition before the Family Court. After 10 days, the complainant filed the false complaint and there is no specific - 6 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 overact against all the accused - petitioners. Hence, prayed for quashing the charge sheet against the petitioners.

6. Per contra, learned counsel for the respondent No.2 seriously objected the petition and contended that there is no specific overact made out in the complaint against all the accused persons. Even in the house of Fayaz, the accused Nos.7 and 8 also participated in the mediation. The accused Nos.4 to 6 have assaulted the complainant on 22.01.2020, when the complainant went to hospital to see the accused No.1 was admitted due to injuries sustained in the accident. The accused Nos.2 and 3 started demanding as they wanted to go to pilgrimage and also money for marriage of sister of accused No.1. There is specific allegation against all the accused persons and the statement of accounts was produced for having received the money as EMI. There is sufficient material on record for framing of charges to establish. Hence, prayed for dismissing the petition.

7. Per contra, learned High Court Government Pleader seriously objection the petition and contended that there is specific averments made in the compliant against all the accused persons for having assaulted and abused in filthy - 7 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 language and demanding more dowry even after marriage and again demanded Rs.10 Lakhs for marriage of sister of accused No.1, which attracts Sections 3 and 4 of DP Act. As per the charge, all the accused persons are staying in one house, as per the complaint. Therefore, prayed for dismissing the petition.

8. Having heard the arguments and perused the records. On perusal of the records, especially the complaint, the accused No.1 married the respondent No.2 on 15.06.2019 and he started demanding money from the complainant on

18.06.2019 itself and demanded marks cards, net banking details of her account and started harassing her. Subsequently, in June 2019, he started quarrel for salary and to transfer money from her salary account and also demanded to bringing more money and jewels from her parents house. She further states that the accused Nos.2 to 4 have tortured for transferring money of her entire salary to account of accused No.1 and they also demanded Rs.10 Lakhs for performing the wedding of accused No.4 and also to pay debts of accused No.1. She also stated that on 14.07.2019, the accused Nos.2 to 4 picked up quarrel and have assaulted and abused her in filthy language. It is also stated that the accused No.4 forced - 8 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 her to do all the household works and treated her as housemaid and also told that if he had married some other girl, he would have got Rs.25 Lakhs cash, car, bungalow etc., and started demanding more money from the complainant and also forced to transfer the amount to the account of accused No.1 to Vijaya Bank. The complainant also stated on 01.10.2019, specifically stated that while they are going to the office, accused No.1 demanded Rs.60,000/- and when she refused, he left her on the middle of the road and abused her in filthy language and told to go to her parents house. Subsequently, she requested them to allow her to go to attend the marriage of her elder brother, for the same they demanded her to pay the money of Rs.10 Lakhs and go for the marriage. On 04.10.2019, she obtained permission of accused No.1 and his family members to go the marriage. On 11.11.2019, they came for inviting the accused No.1 and his family members for marriage and she requested for her jewels to wear in the marriage, the accused No.1 and his family picked up a quarrel and throw the jewels and asked her to go out of the house and should not come back. On 15.12.2019, mediation was held in house of Fayaz in the presence of elders and well-wishers, the accused No.1 forced her to pay Rs.50,000/- every month and demanded - 9 - NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 Rs.10 Lakhs for his elder sister’s marriage, pilgrimage of parents and to clear his debts. It is the specific allegations against accused Nos.1 to 4 in the complaint itself and accused Nos.4 to 6 it is also stated on 22.01.2020, they assaulted her when she came to hospital for seeing her husband when he was admitted for having sustained injuries in the accident, the accused Nos.3 and have blamed her, as she is the responsible for the accident. In the complaint all the entire allegations goes against the accused No.2 to 6, however there is no specific allegations against the accused Nos.7 and 8. More specifically, the Police have not examined Fayaz as witness and the divorce petition has also filed by the accused No.1 on 14.10.2020. However, there is allegation against accused Nos.1 to 6 having harassed her continuously during her stay in their house and also when she came to the hospital she was assaulted and was abused in filthy language. However, there is no specific allegations against the accused Nos.7 and 8 – they are uncle and aunt of the accused No.1. Therefore, I am of the view, the petition filed by the accused Nos.7 and 8 deserves to be allowed and the allegations are made against the accused Nos.1 to 6 and charges are framed. Accordingly, I proceed to pass the following: NC: 2024:KHC:13132 CRL.P No. 4016 of 2022 - 10 - ORDER (i) The criminal petition is allowed in part. (ii) The petition as against accused Nos.1 to 6 is dismissed. Trial Court to continue with proceedings. (iii) The petition in respect of accused Nos.7 and 8 is hereby allowed. The proceedings C.C.No.55563/2021 insofar as accused Nos.7 and 8 is hereby stands quashed. Sd/- JUDGE GRD List No.: 1 Sl No.: 21