Karnataka High Court
Lalitabai And Ors vs The State Of Karnataka And Anr on 17 January, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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NC: 2024:KHC-K:602
CRL.P No.200994 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.200994 OF 2023 (482)
BETWEEN:
1. LALITABAI W/O GANGADHAR,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O BANAMI VILLAGE,
TQ. JEWARGI,
DIST. KALABURAGI.
2. GANGADHAR S/O BHIMSHA,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O BANAMI VILLAGE,
TQ. JEWARGI,
DIST. KALABURAGI.
3. AKASH S/O GANGADHAR,
Digitally signed
by SHILPA R AGE: 28 YEARS, OCC: PRIVATE WORK,
TENIHALLI R/O BANAMI VILLAGE,
Location: HIGH TQ. JEWARGI,
COURT OF DIST. KALABURAGI.
KARNATAKA
4. SAROJINI D/O GANGADHAR
(W/O SHANTAPPA KOBAL),
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O RAM NAGAR, OPP: HANUMAN TEMPLE,
KALABURAGI.
...PETITIONERS
(BY SRI RAMACHANDRA K., ADVOCATE)
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NC: 2024:KHC-K:602
CRL.P No.200994 of 2023
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS CITY WOMEN'S POLICE STATION,
KALABURAGI,
REPRESENTED BY HCGP
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH,
KALABURAGI.
2. SMT. NAGAVENI W/O OMPRAKASH,
AGED ABOUT 28 YEARS,
OCC: EMPLOYEE IN GOLDMANYAN SAAK COMPANY
IN BENGALURU,
R/O NEAR ARAVINDASHRAMA,
OM NAGAR, KALABURAGI.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
Sri RAJESH G. DODDAMANI, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE CHARGE SHEET AND ITS CONSEQUENT
PROCEEDINGS IN C.C.NO.002355/2023 (ARISEN FROM CRIME
NO.37 OF 2023) REGISTERED BY THE CITY WOMEN POLICE
STATION OF THE ALLEGED OFFENCES PUNISHABLE UNDER
SEC.498(A), 323, 504, 506, 109, 34 OF IPC AND DOWRY
PROHIBITION ACT 1961 UNDER SEC.3 AND 4, PENDING ON
THE FILE OF LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC
AT KALABURAGI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No.200994 of 2023
ORDER
This petition is filed under Section 482 of Cr.P.C. for quashing the entire charge-sheet in C.C.No.002355/2023 arising out of Crime No.37/2023 of Kalaburagi City Women Police Station for the offences punishable under Sections 498-A, 323, 504, 506, 109 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The allegation of the prosecution is that respondent No.2/complainant was married to accused No.1 on 12.05.2019 and it is alleged that during the marriage, 25 Tolas of gold and other household utensils were given along with other articles as per the demand and the parents of the complainant incurred expenses to the tune of Rs.25,00,000/- in performing the marriage. It is also alleged that subsequently the complainant joined accused No.1 for leading matrimonial life and she was looked after well for few days and later on, she was subjected to ill-treatment demanding additional dowry of Rs.25,00,000/-. It is also alleged that the present -4- NC: 2024:KHC-K:602 CRL.P No.200994 of 2023 petitioners who are arrayed as accused Nos.2 to 5 have also joined the hands with accused No.1 and a complaint came to be lodged by the complainant when she was driven out of the matrimonial house.
3. On the basis of the complaint, the investigating officer registered the case in Crime No.37/2023 and subsequently, submitted the charge-sheet after investigation. The records in the form of statements of the witnesses clearly disclose that the present petitioners were also part of the conspiracy and they have also ill-treated the complainant/respondent No.2 herein. Further, the records also disclose that she suffered certain injuries and the charge-sheet materials prima facie establish that there is sufficient material as against the present petitioners who are arrayed as accused Nos.2 to 5. Under such circumstances, at this juncture, question of interference with the order of the learned Magistrate in taking cognizance and issuance of process does not call for. The remedy for the petitioners is to face the trial. Hence, the -5- NC: 2024:KHC-K:602 CRL.P No.200994 of 2023 petition being devoid of any merits, does not survive for consideration and accordingly, it stands dismissed.
Sd/-
JUDGE RSP List No.: 1 Sl No.: 17