Dismissed

Nikhil Jain v. State by Ashok Nagar

Karnataka HC23 Mar 2021CRL.P/3457/2020

Case brief

AI extract

What is this about?

Criminal petition under Section 482 Cr.P.C. seeking to quash an FIR registered under Section 498-A IPC. The court held that the complaint disclosures specific allegations of harassment and assault, prima facie disclosing a cognizable offence, and thus dismissed the petition.

What did the court decide?

Petition is dismissed. Liberty given to the petitioner to question the final report filed against him.

Nikhil Jain Vs State by Ashok Nagar — Dowry and Cruelty | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 23^RD DAY OF MARCH 2021

¶3

BEFORE

¶4

THE HON'BLE MR.JUSTICE H.P.SANDESH

¶5

CRIMINAL PETITION No. 3457 OF 2020

¶6

BETWEEN:

¶7

Nikhil Jain Aged about 41 years S/o Late Sri Deepak Bhojani R/at No.4/6, Leela Palace East Street, Shanthinagar, Bengaluru-560 027.

¶8

...Petitioner

¶9

(By Shri Sukumaran G., Advocate)

¶10

AND:

¶11

State by Ashok Nagar Police Station, Bengaluru Represented by its Public Prosecutor High Court of Karnataka, Bengaluru-560 001.

¶12

Shilpa Jain, Smt. Shilpa Jain Aged about 37 years W/o Sri Nikhil Jain D/o Sri Parasmal Loonkard R/at No.4/6, ‘Leela Palace’ East Street, Akki Thimmanahalli, Shanthinagar, Bengaluru-560 027.

¶13

…Respondents

¶14

(By Shri Showri H R, HCGP, for R1;

¶15

R2 served)

¶16

¶17

This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the FIR in Cr. No.347 of 2019 dated 11.10.2019 under Section 498A, 323, 506 and 34 of IPC, registered by the first respondent/ the Ashok Nagar Police Station, Bengaluru, pending on the file of the XLIII ACMM Mayo Hall at Bengaluru City (Now XXIX ACMM Court, Mayo Hall, Bengaluru).

¶18

This Criminal Petition coming on for admission this day, the Court made the following:

¶19

ORDER

¶20

This petition is filed under section 482 of Cr.P.C praying this court to quash the FIR in Cr. No. 347/2019 registered by the first respondent police for the offences under sections 498-A, 323, 506 read with section 34 of IPC and grant such other reliefs.

¶21

The factual matrix of the case is that the respondent No.2 herein has filed the complaint dated 11.10.2019 making the allegation against this petitioner and his sister, of harassment, life threat and assault made to her and also demand of dowry and physical torture.

¶22

She has stated that her marriage was solemnized on 19.1.2006 and out of the said wedlock she gave birth to

¶23

¶24

two children. It is also the allegation in the complaint that after the marriage, her husband who is greedy joined hands with his sister and brother-in-law and started subjecting her to mental torture, humiliation, agony and physical torture demanding dowry. It is also the allegation in the complaint that her husband used to beat her every day to go out of the house, endangering her life and limb. Her husband asks her to bring more dowry, or he will take away her life and also two minor kids. It is also the allegation in the complaint that her husband hits her, pulls and pushes her causing blood injuries with ill motive that she should bring dowry or she should vacate the house. It is also the allegation that on an earlier occasion she approached the Ashoknagar Police Station. They advised her and her husband to mutually adjust and continue the matrimony. She tolerated the harassment hoping that her husband may change his attitude, but in vain. Her husband has not provided her daily needs, food and shelter. He has totally failed and neglected to look after her and two minor kinds. Recently also her husband beat

¶25

¶26

her and slapped on her face and head on multiple occasions. The cruel treatment of her husband for dowry demands is unbearable and requested the police to take action. Based on the complaint, the police have registered a case.

¶27

Counsel appearing for the petitioner would vehemently contend that the averments made in the complaint does not constitute any offence against the petitioner. Counsel also would contend that D.V proceedings was initiated in 2018 and also MC petition was filed in 2020. In spite of these pending matters, the present complaint is made, it is nothing but an abuse of process.

¶28

Counsel for the State would submit that the police have investigated the matter and have filed charge sheet. Specific averments are made in the complaint against this petitioner.

¶29

¶30

Having heard the petitioner’s counsel and the

¶31

counsel for the State and on perusal of the complaint averments, it is seen that specific allegations are made against this petitioner that after the marriage he has subjected his wife to both mental and physical harassment and also assaulted on several occasions and also not providing the food to her and also two children. Having perused the averments in the complaint, it prima facie discloses cognizable offence against the petitioner. In view of the statement of the HCGP that police have already investigated the matter and filed the charge sheet, it is not a fit case to exercise discretion under section 482 of Cr.P.C. to quash the FIR.

¶32

In view of the discussions made above, I pass the following : -

¶33

ORDER

¶34

(a) Petition is dismissed.

¶35

¶36

(b) Liberty is given to the petitioner to question the final report filed against him.

¶37

Sd/JUDGE

¶38

ckl

Nikhil Jain v. State by Ashok Nagar

Case brief

What is this about?

What did the court decide?

Nikhil Jain v. State by Ashok Nagar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri.Sajeev.S Vs Inframat Alloys Pvt. Ltd.

Smt. Chandrika Raj T Vs Mr.E.Mohan Rao

Mr.Stalin George Vs the State of Karnataka

K Nageswara Rao Vs the State of Karnataka

Advika Nayana Bhonsle Vs the State of Karnataka

Sri. Nishant Prakash Vs State of Karnataka