SRI. SHEKHARAIAH v. THE STATE OF KARNATAKA

THROUGH BASAVANAGUDI WOMEN PS REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BENGALURU-560001

2. SMT. SOWMYA N W/O KIRTHI KUMAR SWAMY AGED ABOUT 36 YEARS, R/AT NO. 417, 21st CROSS, 24th MAIN, PARANGIPALYA SECTOR-2, HSR LAYOUT, BENGALURU-560079 (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.KEMPARAJU, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT DATED 16.08.2023 AND FIR DATED 16.08.2023 IN CR.NO.233/2023 REGISTERED BY THE RESPONDENT BASAVANAGUDI WOMEN POLICE STATION, PRODUCED AS ANNEXURES A AND B, PENDING ON THE FILE OF THE 37TH ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY, FOR THE OFFENCE P/U/S 498A, 354A, 323, 504, 506 OF IPC, 1860 AND SEC. 3 AND 4 OF D.P. ACT, 1961. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR ORAL ORDER Petitioners who are arraigned as accused Nos.7, 5 and 6 respectively have filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against CR.No.233/2023 of Basavanagudi Women PS, for the offence punishable under Sections 498-A, 354-A, 353, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2. For the sake of convenience the parties are referred to by their ranks before the trial Court.

3. In support of the petition, petitioners have contended that the impugned complaints and FIRs suffer from malafides, is a gross abuse of process of law, besides illegal and wholly without jurisdiction. The allegations made in the complaint are baseless and concocted. The entire proceedings are maliciously instituted with ulterior motive for wrecking vengeance. No specific allegations are made against the petitioners to - 4 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR attract the provisions for which complaint filed. Continuation of the criminal proceedings would amount of abuse of the process of the Court and hence, the petition.

4. On the other hand learned High Court Government Pleader for respondent No.1/State and learned counsel for respondent No.2 would submit that the marriage of complainant and accused No.1 was performed on 15.04.2022. For the marriage talks, all the accused persons were present and demanded gold ornaments weighing 200 gms. for the bride, 100 gms for the groom, a car worth Rs.25 lakhs and a bike worth Rs.10 lakhs, Rs.5 lakhs for the clothes of the groom and since the groom is not having any employment, he should be given Rs.1 Crore for doing business. Parents of the complainant agreed to pay gold ornaments, Rs.5 lakhs. However, they expressed their inability to pay for car, motor bike and Rs.1 Crore. Accused persons agreed to forego these things. Marriage was performed by spending Rs.40 lakhs. Gold ornaments and Rs.5 lakhs were paid. - 5 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR

4.1 After the marriage, only for a period of two months complainant lived happily in the matrimonial home. Thereafter, accused persons started harassing and ill treating her. They used to quarrel with her saying that they were expecting her father to give a site and garden land, but now he is telling everyone that they would be given to his son. They are cheated by marrying her. Accused No.1 used to kick her when she was taking food. For 2-3 days he used to go out of the house and when questioned, assault her. He was addicted to drinking and assault her under the influence of alcohol. He was supported by other accused persons.

4.2 Accused No.4 used to give her dirty looks and question her as to what her husband does inside the bedroom and when this was brought to the notice of other accused, they were supporting him. Accused No.1 even used to burn her with cigarette buts. Accused No.3 Hamsa went to the extent of saying that she should give sexual favour to her husband. Accused were giving threat to her - 6 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR to get property or else she would be burnt with petrol. When her parents came to the rescue of respondent No.2, she was sent out of the house.

4.3 It is further alleged that accused Nos.1 and 2 were demanding her to get a house constructed for accused No.1 as done by them in favour of accused Nos.3 and 4. They were also demanding Rs.1 Crore for establishing business for accused No.1. In the meanwhile, accused No.5 who is settled in London started demanding that the brother of respondent No.2 shall marry accused No.6 who is a divorcee. However, her brother refused the said offer after which the harassment meted out to respondent No.2 increased. Due to the harassment, respondent No.2 suffered health issues and therefore, she was taken to her parental home for treatment. However, accused Nos.1 and 2 refused to take her back.

4.4. After sometime, accused No.1 called the father of respondent No.2 to a hotel and abused him and also - 7 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR gave threat to his life. He was accompanied by 4-5 relatives and friends. In the month of February 2023, when respondent No.2 went to the matrimonial home, she found that the said house was vacated and they had shifted to the house of accused No.3. When she went there, she was given threat. Her legs were burnt by accused No.1. In this regard, she has taken treatment at Supra Hospital, Basaveshwaranagar. Even though parents of respondent No.2 tried to conciliate and settle the matter, the accused persons did not agree. Without any alternative, complaint is filed. Based on the complaint case is registered and investigation is taken up. Matter requires detailed investigation and trial and pray to dismiss the petition.

5. Heard arguments and perused the record.

6. Thus, petitioners are seeking quashing of criminal proceedings against them on the ground that they are distant relatives of Accused No.1 and they have - 8 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR nothing to do with the allegations made against accused No.1 and his immediate family members. Unnecessarily, they are being implicated and continuation of the criminal proceedings against them would amount to abuse of process of the Court.

7. Accused No.7 is the senior uncle of accused No1. Accused No.6 is the daughter of accused No.7. Accused No.5 is the Son-in-law of accused No.7. He is working in England. Admittedly, they are not residing with the accused persons. The allegations against them is that at the time of marriage talks, Accused No.7 and his family members were present. Even though it is alleged that during the marriage talk demand was made for payment of dowry in the form of gold ornaments, cash, car, motorbike, there are no specific allegations against the petitioners with regard to the same. Of course, they are not being the immediate family members of Accused No.1, they would not be benefited by payment of any dowry. - 9 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR

8. So far as accused Nos. 5 and 6 are concerned the allegations against them are that accused No.6 is a Divorce. It appears she is the sister-in-law of accused No.5. It is alleged that he was insisting upon complainant to get accused No.6, married to her brother, and when it did not realise they were instigating accused Nos.1 to 4 to trouble her. It is submitted that accused No.6 is residing in US. Except these allegations, there is no cogent evidence to connect them to the alleged demand of dowry and harassment of complainant by accused Nos.1 to 4. It appears to pressurize accused Nos.1 to 4, these accused are also roped in Accused No.7 who is the father of accused No.6 is aged about 80 years. Accused Nos.5 and 6 are not resident of India. They never reside with the other accused person and the complainant, to say that they are instrumental in harassment of the complainant. Therefore, the continuation of criminal proceedings against accused Nos.5 to 7 would amount to abuse of the process of the - 10 - NC: 2025:KHC:38114 CRL.P No. 10017 of 2023 HC-KAR Court and as such it is liable to be quashed, qua to these petitioners and accordingly, the following; ORDER i) The petition petitioners/accused Nos.7, 5, 6 under Section 482 of Cr.P.C is allowed. ii) The Criminal proceedings initiated against petitioners/accused Nos.7, 5, 6 in crime No.233/2023 of Basavangudi women PS offences punishable under Sections 498-A, 354-A, 353, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act is hereby quashed. RR List No.: 1 Sl No.: 29 Sd/- (J.M.KHAZI) JUDGE