Criminal petitioner sought quashing of matrimonial offence proceedings under Section 482 CrPC. Court held allegations prima facie revealed offence elements, rejecting counter-bluff argument. Petition dismissed.
Petition for quashing of proceedings under Section 482 CrPC dismissed; proceedings 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH 2021
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.6747/2016
BETWEEN:
SRI SATHISHA.G.J S/O SRI G.J.JAVAREGOWDA AGED ABOUT 37 YEARS R/AT GARUDANAHALLI VILLAGE KERALAPURA POST RAMANATHAPURA HOBLI ARKALGUD TALUKU HASSAN DISTRICT-573136
...PETITIONER
(BY SRI.C.R.GOPALASWAMY, ADVOCATE)
AND:
2
PERIYAPATNA TOWN MYSURU DISTRICT-571107
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1; SRI.P.RUDRAPPA, ADVOCATE AND SRI.KOTRESH.P, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.428/2016 (ARISING OUT OF CR.NO.82/2016 OF PERIYAPATNA POLICE STATION), FOR THE OFFENCE P/U/S 498A, 494, 323, 504 AND 506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT PENDING ON THE FILE OF C.J. AND J.M.F.C, PERIYAPATNA, IN SO FAR AS PETR. IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner, counsel
for the second respondent and the learned HCGP for the first respondent. Perused the records.
3
marriage of the petitioner and CW.1-complainant was performed on 26.5.2014 at Dharmasthala as per Hindu rites and customs. It is alleged that at the time of marriage the petitioner had received 150 grams of gold ornaments. Further, according to the prosecution, after the marriage, the petitioner developed illicit relationship with accused No.2 and began to ill-treat and harass the complainant asking her to quit the matrimonial home. There are also allegations that the petitioner-accused No.1 assaulted C.W.1 causing injuries and forced her to leave the matrimonial home on 1.1.2015.
facie disclose the ingredients of the alleged offences. The argument of the learned counsel for the petitioner that the complaint is lodged against the petitioner only as a counter blast to the complaint lodged by the petitioner himself against CW.1 and as a sequel to the divorce petition filed by the petitioner cannot be a
4
ground to quash the proceedings. These contentions could be urged and appreciated only during trial. The jurisdiction under Section 482 can be exercised by the Court only to prevent the abuse of process of Court and to secure the ends of justice. As the allegations made in the charge sheet and the material produced in support thereof prima facie disclose the ingredients of the alleged offences, the proceedings cannot be quashed.
Sd/-
*alb/-.
3 issues framed by the court
Whether the proceedings under Sections 498A, 494, 323, 504, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act should be quashed under Section 482 CrPC.
Whether a counter-bluff complaint or divorce petition ground allows quashing of criminal proceedings prima facie.
Whether allegations prima facie disclose ingredients of alleged offences to prevent quashing.
8 provisions across 3 enactments
SRI SATHISHA.G.J
STATE OF KARNATAKA
SMT P.C.MANASA
JOHN MICHAEL CUNHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court