Karnataka High Court
Smt Basavannevva vs The State Of Karnataka By Women Police ... on 10 September, 2008
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
1.
m_~I;1D_=
1.
V' _;R[ 0:. M.R.B.C.Road., Dandapur,
., Na;--'agxmd. ' "
I
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH A'? DHARWAD
DATED THIS 'I'§~IE 10115 DAY OF SEPTEMBEQ' "
BEFORE
THE HOPPBLE MR.JUsT1c;§ i§.R;K;J';w1A-RAS§J_;31§d?'_
cRL.,§>., No.727ii»2é>i}é
BETWEEN :
Smt.BasavanneWa; * ' "
Wfo late Magundapph ¥?a,ng;angc1_1d,a£1=, _
Age: 52 years, Occ: Ho_i1se}1o1c1w_ork;»... " -.
R/0: M.F.'.B.(_3.Road,... .f)_a11d'a;3ur, " ' ..
Smt. Sizgihéa,' W] 6 ~;}'a.gadish";Be1avatagi,
AgVe:A.;38 "y:3_a1*(§;:;:Qcc~:_ _i"I.ouSe}1okd. work,
o: M'. R. C. Road,' ' «Danciapur,
. Jagétéiish, S/"<3 Belavatagi,
Age: 45" years, 'e'C)cé;=_: Nil,
. . . Petitioners
A Sié. Yeli, Advocate)
"'¥'h$f3t.éte of Kaxnataka,
Byxfifomen Police Hubli Dhanvad City,
x 'T «Rep. by State Public Prosecutor,
_ High Court Building, Dhaiwad.
Smt. Leelavathi,
W] o Sridhar Rangemgtmdar,
Age: 28 years, Occ: I-{ouschom work,
R/o: Plot No.2G2, Manjunatha Nagar,
Gokul Road PS limits, Hubli. Respondents:
(By Sri P.H.Gotkhindi, HCGP for R. 1)
U
Z
This c::rimiJ3.a3 petition is filed under Section 482
praying to call for the relevant records and ailow this
C petition by setting aside the order dated 16.__'7.'2008
passed by the learned JMFC § Court, 41112515., in
C.C.No.11?9/2008 (iP.C.No.44/2008) and oonsctguenfly
quash the enfire cxixninal ptmceedings pending....a,gaji:s"gE the
petitioners for the ofienee punishable under Seeziiods §%_i98"{A)',
32:3, 504, see r/W. 34 ofi.P.C.
This cximinal petition '_ for
day, the Court made the followixitgi' . - "
ORDE.'
Heard the learned the fiefifionezs as Wei}
as the Government Adffoeaie';
2. ms 432 Cr.P.C. by
the tee relevant records and
aside the order dated
16.7é0Q8 JMFC 13: Court, Hubli, in
c.oe.No.1%:79V]2oo~s %u?.e.'1§o.44/ 2008) and quash the entire
V' . pexjediugvagainst the petitioners for the offences
A Sections 49394), 323, 504, 506 r/w. 34 of
'' 4I,'P;e. .' 1 * '-
., Respondent No.2 had filed 3. complaint before the
" fl4§lV!FC 1" Court, Hubli, for commission of offences
pdnishable under Sections 49s(a;, 323, 504, see r/W. 34 of
H I.P.C. and the said complaint was registered in
P.C.No.4-4/2008. This oomplaint was filed against the
Q/'
accused Basavarmevva, Sudha and Jaggadish.
Basavannevvaficcused No.1 is the mother--i11.:1are"-jfijfhhhthe
coxnpiainant, Sudha-accused No.2 is the
Jagadishu-accused No.3 is the huebéiudof
4. In the complaint it.is4__averr€:d"that at L.
of accused No.3, accused V2
against the vth_e.t,'Vvv;2\Lt.t11e fimetor marriage
and after the fzrgjvgfihpb/'ieembers of the
coreaplairaant' not or regard to the
family accused persons also
not treating the accused
3 used to taunt the complainant
th.Va_1:_v 'v.hei~:{e money and respect, had if they
eiiy~--..r..ather family and iikewise, the accused
V ;us:ed._ to always taunt the complainant and gave
.' . ruentel anti harassment and demanded gold. The
accueedhv hever used to provide her food and they used to
2 » AA tmemtlessly beat her and in January, the complainant came
her parentai house. To the shock and smpfise of the
complainant and her mother, all the accused rushed to the
said house and started using filthy language and beating the
comphmant saying that she has separated her husband
from the family and by holding her hair, they kicked, beat
5/
mercilessly, used filthy language and also accused No.2 told.
to the mother of the complainant as to what she has taught
her daughter and likewise, all the accused createdV--ar1 ugly
SCCLIC.
5. After lodging of the core.pla;':a--t,-- ._
Magistrate has referred the matter:.toA }'tl1'e» at tithe l
Police have investigated the .4casel"'a;ld after of.
investigation, the Police a charge:_VVsh.eetl:'against the
petitioners. R ll
6. The contentefleof that the
colnplainant" g.'.~g.;o 23.4.2000. After the
" 1 with her mother-in-law,
$ister¥inl~laW of sister-in--law. They
ha1vaeseclher"to iget amount and gold ornaments. They
ahused that the core.p§ainaht's father has
V gold ornaments. Since the husbané. of
l' the had got empioyment in government, on
w¢e1;-'e:;d§ he used to visit the house. After he going, the
2 V. x complainant was not given food and the mother-indaw and
ttlaislter-in~law used to scold her. They were also harassing
"her to bring bicycle. 011 6.1.2008 at about 7.30 p.111. accused
Nos.1 to 3 came in a van to the parental house of the
E/'
complainant and abused her saying that she had segmated
her son and accused No.3 tokd her to ask her to
five Rs.3.00 lakhs to him or else she should
and they also told her to rea1ise_Jthe__mone3,?' . 1
amount and handover the samewto file" accused. Efiso
kicked her. Thereby they have co1h1nitted'VVo£3"eficeasit'
punishable under Sections -323, W. 34 of
mic. V .. A
7. The leaxned ACo1:.1_n.seiV._ vjeeifitioners submitted
that there "het"*e:en the husband of
Therefore, this complaint
is filed in order to dilute the civil
iitigatio1V:i.e..__dd ._ _
In case, the compiainant has filed the
., ~,'_I'he hrhresfigafing agency has laid the charge
ddétverments contaiued in the complaint and also
the sheet Ieveais that there are aiiegations against
the i;e,_tifioners in connection with dowry harassment and
The ailegatiozxs made in the comgplaint do constitute
"the ofiences alleged against the petitioners.
Q'/'
9. It is the contexation of the learned _._for the
pefifioners that since there is civil litigation, t}1is.«"--1;y.as
to be quashed. There is no hair for seeking the
civil and criminal law, on the sam_e.fa(_:1f,s. H '
10. The power to quas}1 "¥¢:Vhe'_'_A
should be exercised very 2 51' L'
case. In the instant cese, accused,
that is petitioner . the ofience alleged
against them. This ca'5e*v.e1{§es the category of
rarest of eicebfifit all these aspects,
this c;ti3a:3ina1 petiticnwis' the same is
liable to be dismissecl. V V' %
1 1. TheV'eheer§e.tieI1s"1ma.£ie hemm shaii not influence
the 'a. E "decidinghflie matter on merits. In case if
. the for discharge, the same s3:1a1l
§Le*~V£iiespose€i._cVtA" court in accordance with law.
Ere of the above diseussinn, I pass the
ORDER
%'ac""i1escmdnunazpeuuoniscfismssed.
sa/-;
Judge