Smt. Maheshwari vs State Of Karnataka By on 8 January, 2025

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Karnataka High Court

Smt. Maheshwari vs State Of Karnataka By on 8 January, 2025

Bench: S.R.Krishna Kumar

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                                                            NC: 2025:KHC:455
                                                     CRL.P No. 4472 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH DAY OF JANUARY, 2025

                                           BEFORE
                      THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                CRIMINAL PETITION NO. 4472 OF 2023 (482(Cr.PC) / 528(BNSS)-)
               BETWEEN:

               1.   SMT. MAHESHWARI
                    W/O HARISH
                    AGED ABOUT 34 YEARS,

               2.   HARISH SUBRAMANYAM RANGASWAMY,
                    S/O KEMPAIAH RANGASWAMY VIRMUDI,
                    AGED ABOUT 38 YEARS,
                    BOTH R/AT NO.108/A,
                    10TH MAN ROAD, 2ND CROSS,
                    SHANKARNAGAR,
                    BANGALORE-560096
                                                              ...PETITIONERS
               (BY SRI. RADHIKA M., ADVOCATE)

               AND:

               1.   STATE OF KARNATAKA BY
                    WOMEN POLICE STATION,
                    EAST ZONE, SHIVAJINAGAR
Digitally           BANGALORE-560051
signed by           REPRESENTED BY PUBLIC PROSECUTOR,
LEELAVATHI
SR                  HIGH COURT OF KARNATAKA
Location:           BENGALURU-560001
High Court
of Karnataka
               2.   SMT SHALINI M
                    W/O MAJESH KUMAR V
                    AGED ABOUT 30 YEARS,
                    NO.02, CHUNCHAGHATTA,
                    KONANAKUNTE POST,
                    7TH PHASE, IP NAGAR
                    BANGALORE-560062
                                                            ...RESPONDENTS
               (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1,
                SRI M.N.MUNI REDDY FOR R2)
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                                                  NC: 2025:KHC:455
                                            CRL.P No. 4472 of 2023




      THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.2869/2022 (CR.NO.67/2021)
OF WOMEN POLICE, EAST ZONE, SHIVAJINAGAR, BANGALORE
WHICH IS PENDING BEFORE THE VI ADDL.C.M.M., BENGALURU
FOR THE OFFENCE P/U/S 498A, 323, 504, 506 OF IPC AND SECTION
4 OF D.P. ACT IN THE ABOVE CASE.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE S.R.KRISHNA KUMAR


                          ORAL ORDER

This petition calls in question the entire proceedings in C.C.No.2869/2023 arising out of Crime No.67/2021 pending before the 6th Addl. Chief Metropolitan Magistrate for the offences punishable under Sections 498A, 323, 504 and 506 of IPC and Section 4 of Dowry Prohibition Act, 1961.

2. It is an undisputed fact that has borne out from the material on record that respondent No.2 got married to accused No.1 Manjesh, whose mother is arraigned as accused No.2 while the petitioner No.1/accused No.3 is the sister of Manjesh Kumar and petitioner No.2/accused No.4 is the husband of petitioner No.1.

3. Learned counsel for the petitioner has invited my attention to the material on record in order to point out that the complaint, charge sheet and material produced along with charge -3- NC: 2025:KHC:455 CRL.P No. 4472 of 2023 sheet do not indicate that the petitioners, who are the sister and brother-in-law of husband of respondent No.2 are guilty of the offences alleged against the husband of respondent No.2 and as such, the impugned proceedings qua the petitioners deserves to be quashed.

4. Per contra, learned HCGP and learned counsel for respondent No.2 would oppose the submissions made by learned counsel for the petitioners and also submits that the dispute between respondent No.2 and her husband was amicably settled before the Senior Civil Judge, Palamaner in HMOP No.60/2023 despite which her husband has not complied with the said terms. It is therefore submitted that the petition is liable to be dismissed.

5. As rightly contended by learned counsel for the petitioners, a perusal of the material on record will indicate that no overt acts can be attracted to the petitioners, who are sister and brother-in-law of husband of respondent No.2. As can be seen from the material on record, continuation of proceedings qua accused Nos.3 and 4 tantamounts to abuse of process of Court warranting interference of this Court.

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NC: 2025:KHC:455 CRL.P No. 4472 of 2023

6. Insofar as submission made by learned counsel for respondent No.2 that her husband has not complied with the order dated 24.07.2023 passed in HMOP No.60/2023 is concerned, liberty is reserved in favour of respondent No.2 to take recourse to such remedies as available in law against her husband.

7. In the result, I pass the following:

ORDER

i) Petition is hereby allowed.

ii) The proceedings in C.C.No.2869/2022 on the file of 6th Addl. C.M.M, Bengaluru qua the petitioners/accused Nos.3 and 4 are hereby quashed.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 1

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