Dismissed

Krishna a C v. the State of Karnataka

Karnataka HC7 Jul 2022CRL.P/2682/2022

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 Cr.P.C., the Special Public Prosecutor and the complainant opposed the quashing of a charge sheet involving dowry and harassment. The court held that the allegations against the in-laws were specific and formed the ingredients of the offences, making it a case for trial. Accordingly, dismissing the petition, the court allowed the proceedings to continue.

What did the court decide?

The petition praying for quashing the charge sheet and proceedings was dismissed as it had no merit.

Krishna a C Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2022)

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CRL.P No. 2682 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2682 OF 2022

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BETWEEN:

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KRISHNA A.C., S/O CHIKKAVENKATE GOWDA AGED ABOUT 57 YEARS.

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SMT. ASHWATHAMMA W/O KRISHNA A.C., AGED ABOUT 55 YEARS

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BOTH ARE R/O NO.23 2^ND CROSS, AISWARYA LAYOUT THATHAGUNI, KENGERI LAYOUT BENGALURU – 560 062.

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…PETITIONERS

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(BY SRI HALLI SHANTAPPA BASAPPA., ADVOCATE)

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA KAMAKSHIPALYA POLICE STATION VIJAYANAGAR SUB DIVISION BENGALURU CITY, REPT. BY SPP HIGH COURT OF KARNATAKA BENGALURU – 01.

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ASHRITHA S., W/O MANJUNATHA K., AGED ABOUT 26 YEARS

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CRL.P No. 2682 of 2022

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R/O NO.34, D- 5^TH CROSS PUNCHASHEELA NAGAR MUDALAPALYA

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BENGALURU CITY – 560 079.

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…RESPONDENTS

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(BY SMT.K.P.YASHODHA, HCGP FOR R1 SMT.G.SHARADA BAI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET DATED 27.10.2020 SUBMITTED BY THE 1^ST RESPONDENT / KAMAKSHIPALYA POLICE STATION IN CR.NO.422/219 AGAINST THE PETITIONERS / ACCUSED NO.2 AND 3 FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND ALSO U/S 4 OF DOWRY PROHIBITION ACT.

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ii) QUASH THE PROCEEDINGS ON THE FILE OF XXXIX ADDL.C.M.M., BENGALURU IN C.C.NO.188/2021.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court calling in question proceedings in C.C.No.188/2021, pending before the XXXIX Additional Chief Metropolitan Magistrte, Bengaluru, registered for the offences punishable under Sections 498A, 504, 506 r/w. 34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, arising out of Crime No.422/2019.

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CRL.P No. 2682 of 2022

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Heard Sri S.B.Halli, learned counsel for the petitioners, Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1 and Smt. G. Sharada Bai, learned counsel for respondent No.2.

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Brief facts of the case leading to the filing of the petition as borne out from the pleadings are as follows:

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Respondent No.2 is the complainant, wife of one K.

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Manjunath, who is accused No.1, not before this Court. Petitioners are father in-law and mother in-law of the complainant. It is the case of the petitioners that the complainant was already married and during the subsistence of the earlier marriage, fell in love with their son and got married to him. After marriage, the relationship between the husband and wife turned sore, which lead to registration of the complaint by respondent No.2 – complainant against her husband and members of the family – father in-law and mother in-law. The police

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after investigation filed a charge sheet against all the

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CRL.P No. 2682 of 2022

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accused for the offences as afore-quoted. It is the filing of the charge sheet that drives the petitioners to this Court in the subject petition.

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Learned counsel for the petitioners submits that petitioner Nos.1 and 2 are the father in-law and mother inlaw of accused No.1 – husband of the complainant, who did not reside with the couple and have no specific allegations against them in the complaint and without there being any specific allegations, further proceedings if permitted to continue would become an abuse of the process of law.

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Learned counsel for the petitioner relies upon the

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following judgments of the Apex Court:

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a. GEETA MEHROTRA Vs. STATE OF U.P . reported in (2012) 10 SCC 741 ;

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b. RASHMI CHOPRA Vs. STATE OF U.P. reported in (2019) 15 SCC 357; and

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CRL.P No. 2682 of 2022

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c. KAHKASHAN KAUSAR @ SONAM AND OTHERS Vs. STATE OF BIHAR AND OTHERS reported in 2022 SCC OnLine 162.

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On the other hand, learned counsel for respondent No.2 would take this Court through the complaint, summary of the charge sheet as also the statements recorded of the parents and brother of the complainant to demonstrate that the allegations that are made in the complaint have in fact happened and it is a matter of trial for the petitioners along with husband to come out clean.

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Learned High Court Government Pleader places on record the statements recorded during investigation, though forms a part of the charge sheet to contend that the issue is not the one where there are no allegations against the parents of the husband, for this Court to interfere and quash the proceedings at this juncture.

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I have given my anxious consideration to the submissions made by the learned counsel appearing for both the parties and perused the material on record.

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CRL.P No. 2682 of 2022

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The afore-narrated facts are not in dispute. The complainant was initially married to one B.N.Dayanand and had also filed a petition for divorce on mutual consent before the concerned Court under Section 13(b) of the Hindu Marriage Act, 1955. During the subsistence of such petition for divorce, the complainant and the son of the petitioners get married on 24.08.2018. It is aftermath of the marriage that forms ingredients of this petition. The complainant alleging harassment meted out by the petitioners and her husband for demand of dowry registers a complaint on 07.12.2019. Since the entire issue springs from the complaint, it is germane to notice the contents of the complaint, which reads as follows:

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From,

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Ashritha s., W/o Manjunatha K., Aged About 24 years #34, “D” 5^th Crocc Panchasheela Nagar, Mudalapalya, Bengaluru – 560 072 Ph No.9980808902

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CRL.P No. 2682 of 2022

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The police inspector Kamakshipalaya police station Bengaluru – 560 079.

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Sir,

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Sub: complaint against to 1) Manjunatha K, S/o A.C.Krishna, aged about 26 years, 2) A C Krishnna, S/o Late Chikvenktagowda, aged about 53 years, 3) Smt. Ashwatamma, W/o A C Krishna, 1 to 3 are residing at No.-23, 2^nd cross, Aishwarya layout, Thataguni, Kengeri Hobli, Bengalore – 62, complaint against dowry demand, ill treatment and harassment and threaten against to aforesaid persons.

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Manjunatha.K, - 9845144840, AC Krishna – 9845623468, Ashwathamma-7022676253, I would like to bring the following the few lines for your kind consideration and needful action in the matter. When I started studying M.Com, APS College of Commerce in 2018(NR COLONY) my husband Manjunatha he is my senior to become a friend on college days some few days to go he was simply following and for trying me again and again for the love purpose but I said him I already married and I was told him everything what matters are all done in my life but my husband told me whatever things done in your life I will faced that all problems get divorced from him and accept me but I did not accept that. He was blackmailing me if you are not get divorced from him and did not accept me means I will get suicide because I cannot live in my life without you so forcefully I decided to engage with him. After my husband Manjunatha.K., told me we leave the home and get marry. So bring some gold and money suddenly I did not accept that but my husband forced me so I leaved my home with some cloths, documents, gold and cash of Rs.3,50,000/- money and I went with my husband to mysore we married at Chamundi Hills on 24/08/2018 and we went to Goa leave some days after we went to Hospet (Bellary) we were living in rental home (Kondanayakanhalli) 2 months ago my husband when the money and gold after completion he started assaulting and harassing me and ask some money from your parents but I didn’t accept so my husband beat me and finally throwed me out of home.

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CRL.P No. 2682 of 2022

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When my husband leaves me in Hospet(Bellary) I come to Bengalore and I decided to complaint against him but suddenly my husband called me to told come to Ramanagar again I met him and was told don’t lodge complaint against me and he told my parents and your parents are missing complaint given. So let’s clear that complaint. So we come to VijayaNagar police station and clear that missing complaint on 27/10/2018. My husband given the statement also I will take my wife to my home.

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After that my husband asking money to my parents for making the rental home so my parents given the amount of Rs.1,00,000/- to him. Again we went to Mysore to made the rental home in (Hootgalli) Mysore in that amount only my husband plan to go trip and we went to Chikkamangaluru, Dharmastala, Goa, Ooty and many more places after we come to home the money become completion again he was started to harassed didn’t to for any job so I called my parents for asking money in that time my parents told one day my husband parents and some members were came to my parents home and they were threatened to my parents where is my son tell that address where has leaved with her otherwise we killed you and your daughter also but my parents did not told any address where we lived.

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After my husband only communicated with his parents some days to go and tell that Mysore address where we lived in Hootgali in Mysore city but he didn’t told me when my husband parents were come to Mysore Hootagali home and scold me in vulgar words and mental torture and always they were scold me like you are inter cast category and take his some with them to Bengalore.

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After some days my husband messaged me in gmain account and told me again I will come with you we will made the rental home in Mysore. So please ask some money to your parents so again I asked my parents to give some amounts because of my life became a correct again I thought like that and I told to my parents so again they were given the amount of Rs.70,000/- and my husband made the rental home in Mysore only but he was jobless so I only decided to going for job. After 2 months one day my husband and me came to Mysore market to buy the vegetables that time my husband told me wait here only I have some work so I waited in Mysore makret

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CRL.P No. 2682 of 2022

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but my husband did not came he called his parents and he went Bengalore and again he leaved me in Mysore Market. On that night I called my parents and I came to Bengalore.

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Some days go to my husband again called me and told some few reasons I came to my home so now we will get marry on registered office because of my parents are otherwise separating from you so we wait to VIjayanagr registered office and we registered marriage on 26/08/19 and my husband given the statement for safety purpose in Vijayanagar Police station on that time I was 2 months pregnant. So my husband give the statement like my wife 2 months consive and I take her to my home but again we will ask my parents to make the rental home so my parents made the rental home so in Benbgalore(Kaveripura) and my husband and me lived there only but he was jobless and he used to take all expenses from my parents where often my husband parents are use to call him and they were asking him to leave her and say that she didn’t have any property or money with her and mainly she belongs to inter caste category first leave her and come to home in that my husband were listing all this words form his parents and again he use to harassed me and beat me.

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Fifteen days back on 21/11/2019 evening at 6 pm his parents came to my home (Kaveripura) and they started abusing and beating me my husband also supporting his parents and they also asked for dowry like 10,00,000/- cash. One site and gold like bracelet and chain or leave my son but I told no I don’t ask anything from my parents so they hi my stomach where I was 4 months pregnant and they told if you don’t make abortion we will kill you right now and took their son with them.

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Next day I went to my husband home (Thathaguni) for my husband, but his parents on that day also they scolded in vulgar words and asked me again dowry otherwise they said get marry to my husband again with other women and my husband also supporting his parents and neglated me and they all kicked me out of the home.

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CRL.P No. 2682 of 2022

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Therefore, I request you kindly take suitable necessary action against the aforesaid person who are demanding dowry, harassment and ill treatment and who are often threatening me and my family members and they life to do away with our life limbs.

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Therefore, I request you to kindly register a case against the aforesaid person in the interest of justice.”

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(emphasis added)

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Copious references are made in the complaint with regard

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to the role of the petitioners in meeting out harassment by

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each of the parents of the husband. Gory instances of torture are alleged against the husband and even against

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the petitioners. The allegations against the petitioners is

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demand of dowry for Rs.10 lakhs. This when not acceded

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to, they have hit the complainant when she was carrying

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for four months and have repeated the torture later also.

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The police after investigation filed a charge sheet. The summary of the charge sheet narrates what is narrated in the complaint, again on the strength of the statements recorded during the investigation. Therefore, this does not become a case which would come within the

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CRL.P No. 2682 of 2022

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ambit of the law laid down by the Apex Court (supra), upon which the learned counsel for the petitioner seeks reliance. The cases that the learned counsel for the petitioner seeks to place reliance upon as afore-quoted, were the cases where there was no direct allegation against other members of the family, while the allegations were against the husband. In-laws of the complainant and distant relatives were unnecessarily dragged into the web of crime. It is in that light, the Apex Court has quashed the proceedings against other members of the family. The cases were concerning the family members, who were dragged into the proceedings under Section 498A of the IPC, notwithstanding the fact that they were not involved in the squabble between the parents and husband and the wife. The facts obtaining in the case at hand is distinguishable without any much ado as the facts obtaining in the case at hand is undoubtedly, a different than those arose for consideration before the Apex Court.

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CRL.P No. 2682 of 2022

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The complaint, summary of the charge sheet, the

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statements recorded from the parents would all lead to unmistakable conclusion that they do form the ingredients of Sections 498A, 504 and 506 of the IPC. It is a matter of trial for the petitioners to come out clean.

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For the reasons aforesaid, finding no merit, the petition is dismissed.

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It is made clear that the observations made in the order, is only for the purpose of considering the petition filed under Section 482 of the Cr.P.C. The same shall not bind or influence the trial Court in the further proceedings, qua the petitioners.

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Sd/JUDGE

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NVJ

Krishna a C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Krishna a C v. the State of Karnataka

Case brief

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