Criminal Petition No. 11474 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11474 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SAGAR KABADI S/O PREETHAM KABADI, AGED 32 YEARS. 2. PREETHAM KABADI S/O GOVIND KABADI AGED 61 YEARS. 3. ROHINI KABADI W/O PREETHAM KABADI, AGED 55 YEARS. 4. DEEPA @ DIVYA KABADI W/O VISHWANATH AGED 35 YEARS ALL ARE R/AT NO. 36 AND 37, 12TH CROSS, 1ST MAIN, KENGERI SATELLITE TOWN, BANGALORE-560060.
Legal Reasoning
(BY SRI. KAPIL DIXIT, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR AND: 1. STATE OF KARNATAKA THROUGH MAHALAKSHMIPURAM POLICE STATION, NO. 109, 2ND CROSS, 11TH C CROSS RD, BOVIPALYA, NAGAPURA, BANGALORE-560086. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. DR. ROOPAL M KHATARE W/O SAGAR KABADI, AGED 30 YEARS, R/O NO. G3 VAIBHAV SNEHA BREEZE APARTMENT, YASWANTHPUR INDUSTRIAL SUBURB, BANGALORE-5600086. (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.ANAND MUTALLI, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO a) QUASH THE PROCEEDINGS IN C.C.NO.20214/2023 IN ANNEXURE-A FILED BY THE MAHALAKSHMIPURAM POLICE STATION, FOR THE OFFENCE P/U/S 498A, 504, 506, 323 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF C.M.M., BENGALURU AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR ORAL ORDER Petitioners who are arraigned as accused Nos.1 to 4 have filed this petition under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.20214/2023 on the file of CMM, Bengaluru for the offences punishable under Sections 498-A 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act'). 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. In support of the petition, accused Nos.1 to 4 have contended that the charge sheet and the criminal proceedings initiated against them are not maintainable and liable to be quashed. Complainant stayed in the matrimonial home only for a period of 20 days and then moved to Mysuru to pursue higher studies. She and accused No.1 were alternatively visiting each other. During every visit complainant would end up fighting invariably - 4 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR for petty reasons, which in turn resulted in outrageous reactions against accused No.1. Subsequently, the frequency of their visits reduced. They had minimal communications among them due to their busy schedule. They started having indifference just after one month of the marriage. 3.1 When complainant was pursuing her masters in Mysuru, accused No.1 bolstered her in order to lead a comfortable stay at Mysuru. However, complainant used to make a mess about petty things and never showed politeness towards accused No.1. She was always demanding gifts from accused No.1 and the same have been fulfilled by him with an intention to keep her happy. Even after all these attempts, complainant was never satisfied. 3.2 Many attempts made to solve the issues between them went in vain. Finally, left with no other alternative, on 22.04.2022, accused No.1 applied for - 5 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR dissolution of marriage in M.C.No.2753/2022. Subsequently, an afterthought on 08.12.2022, complainant has filed the complaint, which ended up in charge sheet. Only to harass the accused persons, they have been implicated. Even though there are allegations that the complainant was assaulted by accused No.2 the mother-in-law with utensils, there is no wound certificate. After complainant left the matrimonial home on 21.02.2022, she never lived with the accused persons. There is inordinate delay in filing the complaint. The material placed in the charge sheet does not attract the offences punishable under Sections 498-A 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of DP Act and hence, the petition. 4. On the other hand learned High Court Government Pleader representing respondent No.1 and learned counsel representing respondent No.2/complainant would submit that the complainant is a Doctor by - 6 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR profession. During 2019, while she was studying M.S at JSS College, the offer for alliance of accused No.1 who is also a Doctor having done MD and undergoing fellowship at BGS Hospital, Kengeri came. On the demand made by accused persons, dowry in the form of Rs.10 lakhs, gold ornaments weighing 1 kg, silver articles worth 2 kgs were given and marriage was performed at White Palace Convention Hall, Mysuru Road, Bengaluru on 20.10.2019. 4.1 After the marriage, complainant stayed in the matrimonial home for 20 days and continued her studies at Mysuru. She was staying at both at Mysuru and Bengaluru. Since from the beginning, the accused persons were harassing the complainant saying that the dowry given by her parents is not sufficient and she should get further amount. In fact she has transferred Rs.90,000/- Rs.25,000/- to the account of accused No.1 and also paid Rs.50,000/- in cash. Despite all these, accused No.1 used to abuse her in filthy language and also assault her. Accused No.3 mother-in-law used to assault her with - 7 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR kitchen utensils. They used to call the mother of the complainant and demand Rs.1 Crore. Accused No.2 used to demand complainant to get her share in the property of her father. Accused No.4 was also supporting them and demanding her to leave the house. The other accused were instigating accused No.1 to trouble her. Since, 9 months she is staying in her parental home. Despite the same, the accused persons used to call her over phone and cause trouble. She is having a son aged 1 year 4 months. 4.2 They would further submit that based on the complaint, a detailed investigation is conducted and charge sheet is filed. There is sufficient material including exchange of messages between the complainant and accused to connect the accused persons with the crime. In the light of the prima facie case made out against the accused persons, this is not a case for quashing criminal proceedings. The disputed facts are required to be proved through full fledged trial and pray to dismiss the petition. - 8 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR 5. Heard arguments and perused the record. 6. Thus, accused Nos.1 to 4 are seeking quashing of the criminal proceedings initiated against them on the ground that after the marriage complainant stayed only for a period of 20 days and there is no material to proceed against them and after accused No.1 filed M.C.No.2753/2022 on 22.04.2022, as an afterthought, complaint is filed on 08.12.2022. Undisputedly, the marriage of accused No.1 and complainant took place on 28.07.2021. At that time complainant was pursuing MS at JSS College and accused No.1, after completing MD was pursuing fellowship at BGS Hospital, Kengeri. 20 days after the marriage, complainant went to Mysuru to continue her studies. The complaint and charge sheet reveal that she was visiting her in-laws place. The charge sheet also reveal that at the time of marriage, accused persons demanded and received dowry in the form of Rs.10 lakhs, gold ornaments weighing 1 kg, silver articles worth 2 kgs - 9 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR were given and marriage was performed at While Palace Convention Hall, Mysuru Road, Bengaluru on 20.10.2019. 7. There are specific allegations that accused persons are not satisfied with the dowry and they were demanding complainant to give Rs.1 Crore and though she transferred certain sums to the account of accused No.1, the harassment did not stop. Accused No.2 being the father-in-law was insisting her to get property from her parents and accused No.3 being the mother-in-law was demanding her to get Rs.1 Crore. There are also allegations of physical abuse. It is alleged that accused No.4 being the sister-in-law was also instigating the other accused. In the meanwhile, the complainant also gave birth to a son who is aged 1 year 4 months when the complaint was filed. About 9 months prior to the filing of complaint, she was forced to leave the matrimonial home. After conducting detailed investigation, charge sheet is filed, which makes out a strong prima facie case to - 10 - NC: 2025:KHC:20781 CRL.P No. 11474 of 2023 HC-KAR proceed against the accused persons. The disputed facts cannot be decided in a petition under Section 482 Cr.P.C. and therefore, the petition is liable to be dismissed and accordingly, the following:
Decision
ORDER (i) Petition filed by the accused Nos.1 to 4 under Section 482 Cr.P,C is hereby rejected. (ii) 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.: 13