Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings in a dowry case dismissed. Court held merits need not be examined at this stage. Petition dismissed with liberty to urge contentions in trial.
Petition to quash proceedings dismissed with liberty to urge contentions during trial hearing.
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.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 18th DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CRL.P. NO.100016/2018
BETWEEN:
1 . SHRI. RAVISHNKAR S/O HIROJILAL KALAL AGE: 48 YEARS, OCC: BUSINESS, OCC: PRIVATE WORK, R/O SECTOR NO.11, PLOT NO.2253 R/O: MAHANTESH NAGAR, BELAGAVI.
2 . SMT.NIRMALA W/O ASHOK KALAL AGE: 55 YEARS, OCC: HOUSEHOLD WORK, OCC: PRIVATE WORK, R/O SECTOR NO.11, PLOT NO.2253 R/O: OPPOSITE P and T QUARTERS, MAHANTESH NAGAR, BELAGAVI.
3 . SHRI.ANAND S/O ASHOK KALAL AGE: 26 YEARS, OCC: DIPLOMA STUDENT, OCC: PRIVATE WORK, R/O SECTOR NO.12, PLOT NO.103, MAHANTESH NAGAR, BELAGAVI.
4 . SMT.SUPRIYA D/O ASHOK KALAL
AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O SECTOR NO.12, PLOT NO.103, OCC: PRIVATE WORK, R/O SECTOR NO.12, PLOT NO.103, MAHANTESH NAGAR, BELAGAVI. 5 . SMT.PRIYANKA D/O ASHOK KALAL AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O SECTOR NO.12, PLOT NO.103, MAHANTESH NAGAR, BELAGAVI PRESENTLY AT AKSHAYA PARK, HUBBALLI. 6 . SHRI.GANGADHAR S/O HIROJAPPA KALAL AGE: 52 YEARS, OCC: BUSINESS, R/O: PLOT NO.103, SECTOR NO.12, PLOT NO.103, MAHANTESH NAGAR, BELAGAVI. 7 . SMT.UMA W/O GANGADHAR KALAL AGE:38 YEARS, OCC: HOUSEHOLD WORK, R/O SECTOR NO.12, PLOT NO.103, MAHANTESH NAGAR, BELAGAVI. (BY SRI. H R DESHPANDE, ADV.) AND 1 . THE STATE OF KARNATAKA BY ITS P.S.I., MAHILA POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
...PETITIONERS
HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH.
2 . SMT.MANJULA ALLEGED TO BE THE W/O RAVISHANKAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/ON THE PLOT NO.1131, SECTOR 6/1, SHREE NAGAR, BELAGAVI. …RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT AND ALL THE CONSEQUENTIAL PROCEEDINGS IN MAHILA PS BELAGAVI IN ITS CR.NO.56/2017 ON THE FILE OF JMFC-II COURT, BELAGAVI FOR THE OFFENCES PUNISHABLE U/SECS.498(A), 323, 504, 506 IPC R/W SEC.34 IPC AND UNDER SEC.4 OF D.P.ACT AGAINST THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition filed under Section 482 of Cr.P.C., the petitioners are praying for quashing of the entire proceedings in Mahila P.S. Belgaum, in Crime 56/2017 which is now pending on the file of the learned JMFC II, Belgaum, for offences punishable under Sections 498(A) 323, 504, 506 r/w 34 of IPC and under Section 4 of the Dowry Prohibition Act, 1961.
stage to go into the merits of this case and accordingly, it is dismissed leaving open all the contentions to be urged during the hearing of the case before the learned Court below.
Accordingly, this petition is dismissed with liberty as
aforementioned.
Sd/JUDGE
Vmb
1 issue framed by the court
Whether the criminal petition filed under Section 482 Cr.P.C. seeking quashing of proceedings in a dowry harassment case should be allowed.
3 provisions across 3 enactments
SHRI. RAVISHNKAR S/O HIROJILAL KALAL AND OTHERS
THE STATE OF KARNATAKA AND ANOTHER
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
