The Supreme Court quashed proceedings in C.C. No. 26350/2017 against petitioners accused of dowry harassment. The court observed allegations were general, omnibus, and lacked specific dates, failing to constitute an offence under relevant sections of the IPC.
Proceedings in C.C. No. 26350/2017 against petitioners (accused Nos. 2 to 4) are 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION No.430 OF 2018
BETWEEN:
... PETITIONERS
(BY SRI MURTHY D. NAYAK, SENIOR COUNSEL FOR SRI G.S. BHAT, ADVOCATE)
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AND:
... RESPONDENTS
(BY SRI K. RAHUL RAI, HCGP FOR R.1; SRI H.R. SANJEEVEGOWDA, ADVOCATE FOR R.2 - ABSENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN C.C. NO.26350/2017 ON THE FILE OF THE II A.C.M.M., BANGALORE AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Aggrieved by the initiation of proceedings in CC No.26350/2017 against the petitioners herein, who are
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accused Nos.2 to 4 in the said case, the present petition is filed.
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constitute necessary offence under Section 114 of IPC. The petitioners are charged only with Sections 114, 498-A r/w 34 of IPC. As the allegations do not constitute any offence as against the petitioners herein, under the peculiar facts and circumstances of the case, the proceedings in CC No.26350/2017 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioners herein (accused nos.2 to 4) is hereby quashed.
Criminal Petition is allowed accordingly. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same are disposed of accordingly.
SD/JUDGE
hkh.
1 issue framed by the court
Whether the omnibus allegations in the charge sheet constitute an offence under Sections 114 and 498-A IPC against the petitioners.
3 provisions across 2 enactments
Mrs. Indira K. Devadas
Mrs. Vijaya K.
Dr. Ramdev K.
State of Karnataka
Mrs. S. Parvathi
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
