This order quashes proceedings against two petitioners in a dowry harassment case due to lack of specific allegations. The court directs the police to continue investigating Accused No. 1 as he is the husband of the complainant.
Proceedings against Accused Nos. 2 and 3 quashed; investigation against Accused No.1 to continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT 01? KARNATAKA AT BANGALORE
DATED THIS ThE 08TH DAY OF JUNE 2012
BEFORE
THE HON’BLE MR. JUSTiCE SUBHASH B AD1
CRIMINAL&ETITION NO.243/2012
BETWEEN:
1 SRI NANDAKUMAR AGED ABOUT 34 YEARS S/O.SRI SUBRAMANYA REDDY
W/O.SRI SUBRAMANYA REDDY 2 SMT D KANTHAMMA AGED ABOUT 60 YEARS
W/O.LATE MUNISWAMY REDDY 3 SRI SUBRAMANYAREDDY AGED ABOUT 70 YEARS
SRINIVASA ROAD, 2ND BLOCK ALL ARE R/AtNO.139, 2ND MAIN THYAGARAJANAGAR BANGALORE 560 028
...PETITIONERS
(By Sri. N R NA1K &ASSOCIATES, ADVS.)
AND:
POLICE STA11ON THYAGARAJANAGARA BANGALORE I THE STATION HOUSE OFFICER
W 0 SRI S NANDAKUMAR
2 DR A\SAVITII1 f SOWMYA R/AT.N0.331. 9TH CROSS. BANGALORE 560 028. AGED ABOUT 32 YEARS SHASTHRI NAGAR.
RESPONDEN I-S
SRI S.v.N;ARAYANAMURTHY. ADV FOR R2) (By SrLVIJAYAKUMAR MAJAGE, HCGP FOR RI
SI-CONI) RFSPO\DE-N1 13E1 ORE tilL IS! R[SPO\DLN I AND FHL S WE HAS BEEN REGISTERED IN CRIMP NO 128’201 I I OR THE OFFF\T( F P U S IS FILEI) UNDER SECTION 482 OF CRP( TI-ITS CRIMINAL PETITION 498A READ WITFI SECTION 34 OF IPC PRA’I\JG TO QUASH iRE I JR AND COMPLAINt FILED B Fl-IF
COURT MADE I-HF FOE LOWING: TI-uS PETiTION COMING ON FOR ADMISSION THIS DAY. THE
ORDER
registered by Thvagaraj anagar Police, 13anga.i ore City, for the offènces punishable under Section 49$A read with Section 34 of IPC.
dmand 11 mc uc Ld1I1 t s dtcu seaL aite seal’ gage, stiL dcc that, the accused were harassing the complainant in coonecti on with the
C
Nos2 and 3 are concerned, though reference to their names is made, no specific overt acts arc alleged against these petitioners. had made demand of dowry. are against accused No. I left the house of the inlaws to continue her studies. As far as accused The allegations , who is the husband of the complainant, who
Having regard to the same, insofar as accused Nos,2 and 3 are concerned, the proceedings in pursuance of Crime No.128/201 1 stand accused Nos2 and 3 would be nothing but abuse of process of law. However, the Police shall continue to investigate the matter against accused No. I and file a proper final report. quashed. 3. Considering the same, continuing the prosecution against the
Accord mclv, the netition is nartiv allowed.
‘T rf’t J L’4
3 issues framed by the court
Whether proceedings against accused Nos. 2 and 3 for dowry harassment constitute abuse of process of law when no specific acts are alleged against them.
Whether the petition to quash the criminal complaint under Section 498A read with Section 34 of IPC is largely allowed.
Whether the police are directed to continue investigation against Accused No. 1.
Sri Nandakumar
Smt D Kanthamma
Sri Subramanyareddy
The Station House Officer
Subhash B Adhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
