Karnataka High Court
Smt.Shantabai W/O Appanappa Huddar vs The State Of Karnataka on 3 March, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3rd DAY OF MARCH 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.101910/2018
BETWEEN
1. SMT.SHANTABAI W/O APPANAPPA HUDDAR
AGE: 77 YEARS, OCC: NIL,
R/O: SIDDAPUR VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
2. SMT.LAXMI W/O RAJU MALALI
AGE: 45 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SIDDAPUR VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
3. SMT.KAREVVA W/O APPASI MALALI
AGE: 51 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KAJJIDONI,
NOW AT HALI SIDDAPUR VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
4. SMT.TUNGAVVA W/O LACHHAPPA PATIL
AGE: 91 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SORAGANVI,
NOW AT HALI SIDDAPUR VILLAGE,
2
TQ: JAMAKHANDI,
DIST: BAGALKOT. ...PETITIONERS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH IN
JAMKHANDI RURAL PS.
2. SAVITA W/O ADIVESH HUDDAR
AGE: 35 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SIDDAPUR VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT. ...RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR R1
SRI. JAGADISH PATI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED
28.04.2018 PASSED BY THE PRL. SENIOR CIVIL JUDGE &
JMFC COURT, JAMKHANDI TAKING COGNIZANCE AND
ISSUING PROCESS AGAINST THE PETITIONERS IN
C.C.NO.12/2018 (CRIME NO.162/2017 REGISTERED IN
JAMKHANDI RURAL P.S.) FOR THE OFFENCES P/U/S 498A,
504, 307 R/.W 149 OF IPC; AND QUASH THE COMPLAINT
REGISTERED IN CRIME NO.162/2017 BY JAMKHANDI
RURAL P.S. AND NOW CHARGE SHEETED AS
C.C.NO.12/2018 PENDING ON THE FILE OF THE PRL. SR.
CIVIL JUDGE & JMFC COURT, JAMKHANDI AND ALL
FURTHER PROCEEDINGS PURSUANT THERETO.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Respondent No.2 lodged a complaint against the petitioners and her husband alleging that the petitioners and her husband looked after her with love and affection till 2014 and thereafter, she was subjected to cruelty by the petitioners and also a demand for dowry was made. It is further alleged that the husband filed a petition for restitution of conjugal rights before the concerned court and in the said proceedings, the informant agreed to resume marital life. However, the husband did not take her into the matrimonial home and when she went to the matrimonial home she was abused by her husband in filthy language and her husband tried to strangulate her and at that point of time, her brother came to her rescue. Hence, she sought to take appropriate action against her husband and the petitioners.
2. The Police, after investigation, filed a charge sheet against the petitioners and husband of the respondent for the offences punishable under Section 4 498A, 504, 506, 307 read with Section 149 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Taking exception to the same, this petition is filed.
3. I have considered the submissions made by the learned counsel for the parties.
4. A perusal of the First Information Report lodged by the second respondent indicates that in the proceedings initiated by the husband of the informant under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, the informant had agreed to resume marital life with her husband, and when she went to the matrimonial home, she was threatened and abused by her husband and also that her husband tried to strangulate her and, at that point of time, her brother came to her rescue. There is no allegation made by the informant as against the petitioners after she agreed to resume marital life with her husband. The allegations made are only against the husband. In the absence of any 5 allegations against the petitioners, after the informant agreed to resume martial life, filing of the charge sheet against the petitioners is not sustainable in law. Accordingly, I pass the following:
ORDER The criminal petition is allowed. The proceedings in C.C. No.12/2018, which was pending before the Principal Senior Civil Judge & JMFC, Jamkhandi, and which is now committed to the Court of First Additional District and Sessions Judge, Bagalkot, sitting at Jamkhandi, in S.C. No.8/2019, is hereby quashed insofar as it relates to petitioners-accused Nos.2 to 5.
Sd/-
JUDGE Kms