Karnataka High Court
S Lingaiah @ Ningaiah vs Smt Akhila J K on 2 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:27009
CRL.P No. 3440 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3440 OF 2021
BETWEEN:
1. S LINGAIAH @ NINGAIAH
S/O LATE SIDDAIAH
AGED ABOUT 51 YEARS
2. LEELAVATHI @ NILAMMA
W/O LINGAIAH
AGED ABOUT 46 YEARS
PETITIONER NOS.2 AND 3 ARE
R/AT D.NO.400, 9TH CROSS
2ND MAIN, MARUTHINAGARA
MYSURU ROAD
NEAR MUNESHWARA NAGARA TEMPLE
BENGALURU SOUTH
BENGALURU - 560 056.
3. CHANDRASHEKARA
Digitally signed by B
K
S/O LATE KENCHAIAH
MAHENDRAKUMAR
Location: HIGH
AGED ABOUT 48 YEARS
COURT OF
KARNATAKA R/O NO.163, 3RD CROSS
3RD STAGE, GOKULAM NORTH
MYSURU CITY - 570 002.
...PETITIONERS
(BY SRI. VIJAY KUMAR T., ADVOCATE)
AND:
1. SMT. AKHILA J K
D/O JAGADISH M L
W/O B P SUNIL KUMAR
AGED ABOUT 29 YEARS
R/AT ASHOKA NAGARA
MALAVALLI TOWN
MANDYA DISTRICT-571 430.
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NC: 2023:KHC:27009
CRL.P No. 3440 of 2021
2. STATE OF KARNATAKA
MALAVALLI TOWN P S
MALAVALLI, MANDYA DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. PUTTARAJA C.P., ADVOCATE FOR R-1;
SRI. K.S. ABHIJITH, HCGP FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE
CHARGE SHEET IN C.C.NO.986/2021 WHICH IS ARISING IN CRIME
NO.75/2020 REGISTERED BY MALAVALLI TOWN POLICE STATION,
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A OF IPC AND
U/S 3 AND 4 OF DOWRY PROHIBITION ACT VIDE ANNEXURE-A
PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (Jr.Dn)
AND JMFC, COURT AT MALAVALLI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused Nos.2,3 and 4 who are sought to be prosecuted for the offences punishable under Sections 498A, 506 r/w Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, are before this Court.
2. The case of the prosecution is that, accused No.1 is the husband of the defacto-complainant, accused Nos. 2 and 3 are the paternal uncle and aunt, accused No.4 is the uncle of the accused No.1, and the accused subjected the defacto- complainant to cruelty, both mentally and physically, and also there was a demand made to bring the money from the parental home.
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3. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception of the same, accused Nos.2, 3 and 4 are before this Court.
4. Heard the learned counsel for the parties.
5. Missing complaint was filed by the accused No.1 stating that, his wife i.e., defacto complainant has gone missing from the matrimonial home. After the defacto-complainant was traced, her statement was recorded by the Police, and in the said statement there was no allegation of subjecting her to cruelty by the accused herein and on the contrary she has alleged the cruelty meted out by her mother-in-law, and the said statement was recorded on 6.3.2019. Thereafter, the FIR was lodged on 10.12.2020, wherein, she has alleged that these accused along with other accused have subjected her to cruelty and also a demand was made to bring money from the parental home which clearly implies that the FIR was lodged against these accused as an afterthought to falsely implicate them. It is also not in dispute that accused No.1 and the defacto complainant were residing in the house of the accused Nos.2 and 3. Hence, the continuation of the criminal proceedings will be an abuse of process of law as against these petitioners.
6. Accordingly, I pass the following:
-4-NC: 2023:KHC:27009 CRL.P No. 3440 of 2021 ORDER
i) The Criminal petition is allowed;
ii) The impugned proceedings in C.C.No.986/2021, on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC Court at Malavalli, insofar it relates to accused Nos.2,3 and 4 stands quashed.
iii) The learned Sessions Judge shall proceed against other accused without being influenced by any of the observations made in this order and the observation made is only for the purpose of the present petition.
Sd/-
JUDGE HR