Dismissed

Kasturibai D/O Madiwalayya Hiremath v. Smt. Jyoti W/O Yuvaraj Hiremath

Karnataka HC7 Nov 2023CRL.P/100907/2023

Case brief

AI extract

What is this about?

This court dismissed a Criminal Petition filed under Section 482 CrPC seeking to quash Domestic Violence Act proceedings. The petitioners claimed no specific allegations were made against them, but the court held that allegations of residence in the shared house and mental/physical harassment formed valid grounds for the suit. The petition was dismissed.

What did the court decide?

Petition to quash Criminal Miscellaneous No.157/2022 under the DV Act was dismissed.

Kasturibai D/O Madiwalayya Hiremath Vs Smt. Jyoti W/O… — Domestic Violence | Karnataka HC (2023)

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NC: 2023:KHC-D:12967 CRL.P No. 100907 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF NOVEMBER 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 100907 OF 2023

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BETWEEN:

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KASTURIBAI D/O MADIWALAYYA HIREMATH, AGE. 56 YEARS, OCC. GOVT. SCHOOL TEACHER, AT KUDIDARGA, TQ. JEVERGI, DIST. KALBURAGI, R/O. PLOT NO.364, G.D.A. LAYOUT KOTTANOOR, D. RING ROAD, NEAR ARYAN SCHOOL, KALBURAGI, PIN CODE-585102.

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MANJUNATH S/O MADIWALAYYA HIREMATH, AGE. 45 YEARS, OCC. BUSINESS, R/O. PLOT NO.364, G.D.A. LAYOUT KOTTANOOR, D. RING ROAD, NEAR ARYAN SCHOOL, KALBURAGI-585102.

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… PETITIONERS

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(BY SRI. RAJEEV S. METI, SRI. S.S. METI, SRI. S.B. DODDAGOUDAR, & SRI. ANNESAHEB SHALAGAR, ADVOCATES)

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AND:

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VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2023.11.1011:48:19 +0530

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SMT. JYOTI W/O YUVARAJ HIREMATH, AGE. 26 YEARS, OCC. HOUSEWIFE C/O. ASHOK MAHALINGAYYA HIREMATH, R/O. PLOT NO.17/1, N.G.O. COLONY, VIDYAGIRI, BAGALKOT-587102.

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… RESPONDENT

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(BY SRI. SADANAND M.K., ADVOCATE FOR SRI. K.S. PATIL, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., SEEKING TO QUASH THE PROCEEDINGS INITIATED AGAINST THESE PETITIONERS IN CRL.MISC NO.157/2022 UNDER SECTION 12 OF THE DV ACT 2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC COURT BAGALKOT AND TO PASS ANY OTHER APPROPRIATE ORDERS AS MAY BE NECESSARY.

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NC: 2023:KHC-D:12967 CRL.P No. 100907 of 2023

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

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ORDER

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This petition is filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’, for short) seeking quashing of the proceedings in Criminal Miscellaneous No.157/2022 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘DV Act’ , for short) pending on the file of the learned Additional Civil Judge and JMFC, Bagalkot.

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Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

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The respondent-wife has initiated the proceedings

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under Section 12 of the DV Act against her husbandYuvaraj Hiremath, and these petitioners and it is pending in Crl.Misc. No.157/2022 on the file of the learned Additional Civil Judge and JMFC, Bagalkot. The petitioners, who are

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NC: 2023:KHC-D:12967 CRL.P No. 100907 of 2023

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respondents 2 and 3 in the said application, have sought quashing of the proceedings against them.

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The learned counsel appearing for the petitioners

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would contend that there are no specific allegations against these petitioners. The petitioners have not resided in the shared house with the respondent at any point of time. The respondent has not filed any criminal complaint against the petitioners based on the allegations that are made in the petition filed under Section 12 of DV Act. The main allegations in the petition filed by the respondent are against her husband. With this, he prayed to quash the proceedings.

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Per contra, the learned counsel for the respondent referring to paras 3 to 5 of the petition filed under Section 12 of DV Act, has contended that there are specific allegations against these petitioners that they resided in a shared house and committed domestic violence against the respondent. He contends that there are no

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4 - NC: 2023:KHC-D:12967 CRL.P No. 100907 of 2023

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grounds for quashing the proceedings. With this, he prayed to dismiss the petition.

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The marriage of the respondent with Yuvaraj Hiremath, son of Nagaraj Hiremath, has taken place on 20.06.2021. After marriage, the respondent went to the house of her husband situated at Kalaburagi. In the said house, petitioner Nos.1 and 2 were also residing. Thereafter, the respondent went along with her husband to Bengaluru, where her husband harassed her. The respondent approached these petitioners for help but instead, these petitioners have supported the husband of the respondent and gave her mental and physical harassment. In paragraph 4 of the petition filed by the respondent, it is stated that, when the respondent approached them, petitioner No.1 abused her in filthy language and assaulted her with hands and petitioner No.2 also abused her stating that she is not a suitable daughterin-law to their family and that they have not given sufficient dowry and asked the parents of the respondent to give dowry of Rs.10,00,000/-, two acres of land and a car.

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5 - NC: 2023:KHC-D:12967 CRL.P No. 100907 of 2023

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In the same paragraph, it is averred that petitioner No.1 has assaulted the respondent on her back and refused to take her back into the house. In paragraph 5 of the petition, it is also stated that these petitioners did not help the respondent but supported her husband and committed domestic violence and made a demand for dowry and harassed her mentally and physically. Considering all these, there are no grounds for quashing the proceedings initiated against the petitioners.

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In the result, the petition is dismissed.

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Sd/JUDGE

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kmv ct:bck

Kasturibai D/O Madiwalayya Hiremath v. Smt. Jyoti W/O Yuvaraj Hiremath

Case brief

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Kasturibai D/O Madiwalayya Hiremath v. Smt. Jyoti W/O Yuvaraj Hiremath

Case brief

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What did the court decide?

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