Sachin S/O. Murigeppa Hallikeri vs Station House Officer on 28 November, 2022

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Karnataka High Court

Sachin S/O. Murigeppa Hallikeri vs Station House Officer on 28 November, 2022

Bench: Hemant Chandangoudar

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                                         CRL.P No. 100751 of 2022



       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
          DATED THIS THE 28TH DAY OF NOVEMBER, 2022
                           BEFORE
       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
             CRIMINAL PETITION NO.100751 OF 2022
BETWEEN:

SACHIN, S/O. MURIGEPPA HALLIKERI
AGE. ABOUT 43 YEARS, OCC. SERVICE,
R/O. MUNAVALLI-591126
TQ. SAVADATTI, DIST. BELAGAVI.
                                                   ...PETITIONER
(BY SRI. M M PATIL, ADVOCATE)

AND:

1.   STATION HOUSE OFFICER
     HAVERI WOMENS POLICE STATION
     HAVERI DISTRICT, HAVERI-581110
     R/BY STATE PUBLIC PROSECUTOR
     HIGH COURT BUILDING,
     DHARWAD BENCH, DHARWAD-580011

2.   VAISHNAVI KOM MAHESH PATEL
     AGE. ABOUT 30 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O. GADDIGER ONI, HAVERI-581110,
     TQ. AND DIST. HAVERI.
                                              ...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1)
(R2 - SERVED)

     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE CRIMINAL PETITION AND QUASH THE
COGNIZANCE DATED 05.08.2021 IN CRIMINAL CASE NO.77/2021 IN
CRIME NO.69/2020 BEFORE THE HAVERI WOMENS POLICE STATION
FOR THE OFFENCE PUNISHABLE U/S 498(A), 323, 504 AND SECTION
34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT,
PENDING BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM
HAVERI.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                                      CRL.P No. 100751 of 2022



                                   ORDER

The petitioner, along with other accused, has been charge sheeted for the offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code, 1860 and under Sections 3 & 4 of the Dowry Prohibition Act.

2. Accused Nos.1 to 3 had challenged the registration of the very same FIR in Crime No.69/2020 before this Court in Crl.P. No.101486/2021, and this Court by order dated 09.03.2022 quashed the FIR impugned therein for the reason that the dispute between the parties arose out of marital discord which was given a criminal texture. Hence, this petition also requires to be disposed of for the reasons stated in the aforesaid petition. Accordingly, I pass the following:

ORDER The criminal petition is allowed. The impugned proceedings in C.C. No.77/2021 pending on the file of the Principal Senior Civil Judge & CJM, Haveri, insofar the petitioner-accused herein, is hereby quashed.

Sd/-

JUDGE KMS List No.: 1 Sl No.: 5

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