Karnataka High Court
Kenchappa S/O Basavantappa Bhavatti vs The State Of Karnataka on 9 December, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 102492 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102492 OF 2021 (482-)
BETWEEN:
1. KENCHAPPA S/O BASAVANTAPPA BHAVATTI
AGE. 35 YEARS
OCC. AGRICULTURE,
R/O. TILAVALLI
TQ. HANAGAL
DIST. HAVERI-581120.
2. NAGARAJ S/O BASAVANTAPPA BHAVATTI
AGE. 38 YEARS
OCC. AGRICULTURE,
R/O. TILAVALLI
TQ. HANAGAL
DIST. HAVERI-581110
3. KAVITA W/O NAGARAJ BHAVATTI
AGE. 34 YEARS
OCC. HOUSEHOLD WORK,
R/O. TILAVALLI
TQ. HANAGAL
DIST. HAVERI-581120
4. MADEVAKKA W/O BASAVANATAPPA BHAVATTI
AGE. 65 YEARS,
OCC. HOUSEHOLD WORK,
R/O. TILAVALLI,
TQ. HANAGAL,
DIST. HAVERI-581120.
...PETITIONERS
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CRL.P No. 102492 of 2021
(BY SRI. S S DODDALINGANNAVAR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH WOMAN POLICE STATION
HAVERI
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH
DHARWAD-581110
2. SMT. RADHA W/O. KENCHAPPA BHAVATTI
AGE- 29 YEARS, OCC-HOUSEHOLD WORK,
R/O. TILAVALLI TQ-HANAGAL, DIST-HAVERI,
NOW AT CHIKKALINGADAHALLI,
TQ AND DIST HAVERI- 581110
...RESPONDENTS
(BY SRI.V.S.KALASURMATH., HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE FIR AND COMPLAINT IN HAVERI WOMAN
P.S. CRIME NO.68/2021 PENDING ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, HAVERI REGISTERED BY THE
HAVERI WOMAN POLICE STATION FOR THE OFFENCES PUNISHABLE
U/S 3 AND 4 OF D.P. ACT AND U/S 34, 498A, 504, 420 OF IPC. FIR
AND COMPLAINT MARKED AT ANNEXURE A AND B.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners have been charge sheeted for the offence punishable under Sections 3 and 4 of D.P. Act and under -3- CRL.P No. 102492 of 2021 Sections 34, 498A, 504, 420 of IPC alleging that the petitioner- accused No.1 is the husband of the 2nd respondent and accused No.2 is the brother-in-law and accused No.3 is the sister-in-law of accused No.2 and accused No.4 is the mother-in-law and they subjected the 2nd respondent to cruelty both physically and mentally and also demanded to bring money from the parental home. The learned Magistrate after accepting the charge sheet took cognizance for the aforesaid offences and issued summons. Taking exception to the same, this petition is filed.
2. The learned counsel appearing for the petitioners submits that except omnibus and general allegation, there is no specific allegation against the petitioners-accused. He further submits that the First Information Report was lodged so as to circumvent the proceedings initiated by the accused No.1 for dissolution of his marriage with the 2nd respondent on the ground of cruelty and desertion and with an ulterior motive to wreak vengeance and with revengeful intent. In support of his submission, he places reliance on the decision of the Hon'ble Supreme Court in the case of Kahkashan Kausar @ Sonam & -4- CRL.P No. 102492 of 2021 Ors. V/s. State of Bihar and Ors. reported in 2022 SCC OnLine SC 162.
3. Learned HCGP appearing for the respondent-State submits that the charge sheet material clearly discloses the commission of offences alleged against the petitioners-accused and hence, the learned Magistrate has rightly taken cognizance for the aforesaid offences and the same does not warrant any interference.
4. I have examined the submissions made by the learned counsel for the parties.
5. The respondent No.2 though served with notice has remained absent.
6. The petitioner No.1 has initiated proceedings for dissolution of marriage with the respondent No.2. The respondent No.2 also filed a petition under Section 125 of Cr.P.C claiming monthly maintenance from the petitioner No.1- accused No.1, ¯and thereafter the 2nd respondent lodged the First Information Report alleging that the petitioner No.1- accused No.1 and other accused subjected her to cruelty both -5- CRL.P No. 102492 of 2021 mentally and physically, which clearly implies that the FIR was lodged with an ulterior motive to wreck vengeance against the petitioners-accused and with revengeful intent.
7. The Apex Court in the case of Kahkashan Kausar @ Sonam referred supra has held that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law.
8. In view of the law enunciated by the Apex Court in the aforesaid case, the petitioners have made out prima facie case to quash the proceedings since there is no corroborative material produced along with the charge sheet that the petitioners have committed the offences alleged against them and the charge sheet was filed only on the basis of general and omnibus allegation. The dispute between the parties arises out of marital discord between the accused No.1 and Respondent No.2, which has been given a criminal texture. Accordingly, I pass the following:
-6-CRL.P No. 102492 of 2021
ORDER
i) Criminal Petition is allowed.
ii) The impugned proceedings in C.C.No.84/2022 pending on the file of the Principal Senior Civil Judge and CJM Court, Haveri insofar it relates to petitioners herein is hereby quashed.
Sd/-
JUDGE VB List No.: 1 Sl No.: 173