Karnataka High Court
Ashfak Ahmed S/O Mohamed Ismail Sonar vs The State Of Karnataka on 6 March, 2020
Equivalent citations: AIRONLINE 2020 KAR 2397
Author: H.P.Sandesh
Bench: H.P. Sandesh
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.100606/2019
C/W
CRIMINAL PETITION NO.100607/2019.
IN CRIMINAL PETITION NO.100606/2019
BETWEEN:
ASHFAK AHMED S/O. MOHAMED ISMAIL SONAR,
AGE 40 YEARS, OCC: BUSINESS,
R/O. NEAR AKKAMAHADEVI TEMPLE,
HENARUNAGAR, TQ. MUNDGOD,
DIST. KARWAR.
...PETITIONER
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPT. BY STATE PUBLIC PROSECUTOR,.
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
AT DHARWAD,
BY MAHILA POLICE SUB-INSPECTOR,
MAHILA POLICE STATION. HAVERI.
2. AFZALUNNISA W/O. ASHFAK AHMED SONAR,
AGE 38 YEARS, OCC: HOMEMAKER,
R/O. SHIVAJINAGAR, TQ. HAVERI,
DIST. HAVERI.
...RESPONDENTS
2
(BY SRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF Cr.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.487/2018 ON THE FILE
OF THE CIVIL JUDGE AND JMFC COURT, HAVERI AND
COMPLAINT AGAINST THE PETITIONER/ACCUSED NO.1 IN
C.C.NO.487/2018 I.E. MAHILA POLICE STATION, HAVERI, IN
CRIME NO.10/2018 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498-A, 323, 504, 506 R/W. 34 OF IPC, WHICH IS
PENDING ON THE FILE OF THE JMFC I COURT, HAVERI.
IN CRIMINAL PETITION NO. 100607/2019
BETWEEN:
1. HASINABEGAM W/O. MOHAMED ISMAIL SONAR,
AGE 70 YEARS, OCC: HOUSEHOLD,
R/O. NEAR AKKAMAHADEVI TEMPLE,
NEHARUNAGAR, TQ. MUNDGOD,.
DIST. KARWAR.
2. MAHAMMAD ISAK S/O. MOHAMED ISMAIL SONAR,
AGE 53 YEARS, OCC: BUSINESS,
R/O. NEAR AKLKAMAHADEVI TEMPLE,
NEHARUNAGAR, TQ. MUNDGOD,
DIST. KARWAR.
3. BIBIAISHA W/O. SHABBER AHEMMAD ARALIMARAD,
AGE 50 YEARS, OCC: HOUSEHOLD,
R/O. KUBIHAL, TQ. KUNDAGOL,
DIST. DHARWAD.
...PETITIONERS
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
3
AND:
1. THE STATE OF KARNATAKA,
REPT. BY STATE PUBLIC PROSECUTOR,.
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
AT DHARWAD,
BY MAHILA POLICE SUB-INSPECTOR,
MAHILA POLICE STATION. HAVERI.
2. AFZALUNNISA W/O. ASHFAK AHMED SONAR,
AGE 38 YEARS, OCC: HOMEMAKER,
R/O. SHIVAJINAGAR, TQ. HAVERI,
DIST. HAVERI.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF Cr.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.487/2018 ON THE FILE
OF THE CIVIL JUDGE AND JMFC COURT, HAVERI AND
COMPLAINT AGAINST THE PETITIONER NOS.1 TO 4/ACCUSED
NO.1 TO 4 IN C.C.NO.487/2018 I.E. MAHILA POLICE STATION,
HAVERI, IN CRIME NO.10/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498-A(A), 323, 504, 506 R/W.
34 OF IPC, WHICH IS PENDING ON THE FILE OF THE JMFC I
COURT, HAVERI.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
These cases are listed for admission today. With the consent of the learned counsels from both sides, the matter is taken up for final disposal. Heard both side counsels.
2. The factual matrix of the case is that, the complainant's marriage was performed with the petitioner (in Criminal Petition No.100606/2019), and other petitioners in Criminal Petition No.100607/2019 are the family members of the husband of the complainant and in the complaint it is stated that her marriage was solemnized on 04.11.2012 and thereafter she has joined the matrimonial home. She became pregnant after one year of the marriage and delivered child and she was subjected to both mental and physical harassment, by her husband and as well as his family members and she was driven out from the matrimonial home on 02.01.2018 by these petitioners 5 and she was staying in the house of her parents. That on 08.04.2013 all these petitioners came and abused her in a filthy language and forced her to sign the divorce petition and this incident was witnessed by the neighbours of the complainant and they came and scolded these petitioners. Based on the complaint, the police have registered a case against the petitioners for the offences punishable under Sections 498-A, 323, 504, 506 r/w. Section 34 of IPC.
3. The police after registration of the case filed charge sheet. The contention of the petitioner counsel in these petitions are that, all the family members have been roped in the case and they have been falsely implicated in the case and the alleged incident dated 08.04.2018 according to the complainant was happened in the house of the parents of the complainant and the same cannot be believed and the mother-in-law who is aged about 70 years has been falsely implicated in the 6 case to harass her and hence, there are no grounds to proceed with the case against these petitioner and prayed this case to quash the same.
4. Per contra, the counsel appearing for the State, learned HCGP in his arguments contend that, the complaint not only discloses the incident dated 08.04.2018, in the 3rd paragraph of the complaint she has specifically mentioned that after one year of her marriage she was subjected to both mental and physical harassment and she was driven out from the house in the month of January 2018 and thereafter they went to the house of the complainant and she was subjected to harassment and also forced her to sign the divorce papers.
5. The investigating officer also after registering the case investigated the matter and filed charge sheet. CWs-6 to 11 are the neighbors of the complainant and 7 they are the witnesses to the incident which had taken place in the house of the complainant and hence, there are sufficient material and it is a matter of trial and not a case for quashing the proceedings.
6. Having heard the counsel for the petitioner and also the learned HCGP for the State, the point that arises for consideration by this Court is that, whether the petitioners have made out the ground to invoke Section 482 of Cr.P.C. to quash the proceedings?
7. Having considered the contents of the complaint, specific allegations are made against each of the petitioners and police have also investigated the matter and filed charge sheet. The prosecution also relying upon the statement of CWs-6 to 11 and they are neighbors and they speak with regard to the incident that has taken place on 08.04.2018 in the house of the complainant. When such being the case, this Court can 8 exercise the powers under Section 482 of Cr.P.C, if the Court comes to the conclusion that the initiation of proceedings is nothing but abuse of process and is a mis-carriage of justice and having considered the contents of the complaint and also the final report filed by the police under Section 173 of Cr.P.C. and the Statement of witnesses, it requires the trial. The contention of the petitioner cannot be appreciated at this juncture that they have been falsely implicated in the case. The counsel appearing for the petitioner mainly contend that the mother in law who is aged about 70 years also implicated in the case and no doubt records discloses that her age is 70 years, but on perusal of the complaint, in the complaint it is specifically mentioned that she also accompanied along with others. When such being the case, even to exercise the powers under Section 482 of Cr.P.C, not a case to quash the same against her. The court has to take note 9 of the contents of the complaint and material available on record.
8. In view of the discussions made above, I pass the following:
ORDER The petitions are dismissed.
Sd/-
JUDGE *Svh/-