The High Court, exercising jurisdiction under Section 482 CrPC, quashed the First Information Report and charge sheet under Section 498-A IPC registered against the petitioner, holding that the allegations amounted to an abuse of process.
Charge sheet filed against the petitioner in C.C. No. 3090/2019 is quashed.
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 AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2021
BEFORE
THE HON'BLE MR.JUSTICE H.P.SANDESH
CRIMINAL PETITION No.2537 OF 2020
BETWEEN:
Shabeena Nayeem, W/o Imran, Aged about 30 years, Kengeri Upanagara, Satellite Town, Bengaluru.
...Petitioner
(By Sri. Syed Qualeelulla Quadri, Advocate)
AND:
…Respondents
(By Sri.Showri H.R., HCGP, for R2; Sri B.T.Venkatesh, Advocate, for R1)
This Criminal Petition is filed under section 482 of Cr.P.C praying to quash the proceedings in C.C.No. 3090/2019 of R.T.Nagar Police Station under section 498-A
of IPC which is pending on the file of the Court of LVI A.C.M.M., Bengaluru.
This Criminal Petition coming on for admission this day, the Court made the following:
ORDER
This petition is filed by accused No.4 invoking section 482 of Cr.P.C praying this court to quash the proceedings in C.C. No. 3090/2019 pending on the file of the Court of LVI Additional CMM, Bengaluru and pass such other orders as deemed fit in the circumstances of the case.
vehemently contend that this petitioner has been falsely implicated and the only allegation against this petitioner in
the complaint is that whenever she used to go to the matrimonial home of respondent No.1 she instigate her other-in-law and as a result quarrel used to take place. During the course of investigation also, except the same no other material is collected and in the charge sheet the only allegation against the petitioner is that she used to instigate her mother-in-law.
on record, it is nothing but an abuse of process. She has been implicated stating that she is instigating the motherin-law and no specific overt act incident or abuse or subjecting the complainant for cruelty is made in the complaint nor the statement of the witnesses indicates the same. If the proceedings are continued against this petitioner, it amounts to abuse of process and initiation of criminal proceedings is a serious matter, and in the absence of substantive matter, if the proceedings are continued it leads to miscarriage of justice.
(a) Petition is allowed.
ckl
JUDGE
2 issues framed by the court
Whether criminal proceedings under Section 498-A IPC amount to abuse of process of the court in the absence of substantive allegations of cruelty.
Whether continuation of proceedings against the petitioner leads to miscarriage of justice.
2 provisions across 2 enactments
Shabeena Nayeem
Smt. Thaseen Taj
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
