This criminal petition was filed to quash FIR, complaint, and charge sheet under Sections 498A and 306 IPC arising from the death by suicide of the wife. The court dismissed the petition, noting prima facie material and neighbor statements established harassment.
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NC: 2023:KHC-D:13615 CRL.P No. 101421 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101421 OF 2023
BETWEEN:
RAMESH S/O BASAPPA, AGED ABOUT 30 YEARS, OCC. P.C., PRESENT R/AT POLICE QUARTERS, TEKKALAKOTA BALLARI DIST.
… PETITIONER
(BY SRI. YOGESH MANOHAR DESAI, ADVOCATE)
AND:
Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPIDate: 2023.11.23 16:47:55 +0530
… RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE FIR COMPLAINANT AND CHARGE SHEET IN S.C. NO.29/2023 BY THE THEKALAKOTE PSI/POLICE STATION/RESPONDENT POLICE STATION FOR THE OFFENCES PUNISHABLE U/SEC. 498A, 306 OF IPC, WHICH IS PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE AT BELLARY, AGAINST THE PETITIONER.
NC: 2023:KHC-D:13615 CRL.P No. 101421 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought quashing of FIR, complaint and charge sheet in S.C.No.29/2023 registered for the offences punishable under Sections 498A and 306 of the Indian Penal Code (hereinafter referred to as the “IPC”, for brevity) pending on the file of the Principle District and Sessions Judge at Bellary.
his mother-in-law and relatives that his wifeSmt.Rajeshwari died due to low BP and thereafter he told
NC: 2023:KHC-D:13615 CRL.P No. 101421 of 2023
that his wife died due to hanging herself, due to which they had suspicion about the death of Smt.Rajeshwari. The mother of the deceased gave a report stating that she had suspicion about the death of her daughter and that the case was registered under UDR No.12/2022 under Section 174(c) of Criminal Procedure Code (hereinafter referred to as the “Cr.P.C.”, for brevity). Thereafter, inquest was held on the dead body of the deceased and post mortem was conducted in VIMS hospital Bellary. Police after investigation filed charge sheet for offences punishable under Sections 498A and 306 of the IPC. The
case came to be registered against the petitioner in S.C.No.29/2023 pending on the file of the Principle District and Sessions Judge, Bellary. Petitioner has sought for quashing the proceedings of the said case.
death of deceased but the PSI suo-moto registered a complaint against this petitioner. Witnesses whose statements are recorded are all hearsay witnesses. Earlier the deceased has attempted to commit suicide. There is no abetement by this petitioner on the deceased to commit suicide. With this, he prayed to allow the petition and quash the proceedings.
The deceased Smt.Rajeshwari committed suicide on 28.11.2022 and the mother of the deceased gave a report
NC: 2023:KHC-D:13615 CRL.P No. 101421 of 2023
on the same day stating that she had suspicion over the death of her daughter. In the said report there are averments of this petitioner harassing the deceased physically, mentally, assaulting her etc. There are also averments of this petitioner suspecting the fidelity of the deceased and he locking the door of the house, while going to his duty. Even though the said report is registered as UDR, the PSI during investigation found some suspicion over death of the deceased and involvement of this petitioner has registered a suo-moto complaint. After investigation charge sheet came to be filed against this petitioner for the offences under Sections 498A and 306 of IPC. The charge sheet witness namely C.Ws.12 to 16 who are neighbors of the deceased and accused residing in police quarters given their statements regarding this petitioner harassing and ill-treating the deceased. On perusal of the charge sheet material, there are materials against this petitioner for having committed the offence alleged against him. Merely because of delay in filing the complaint is not a ground for quashing the
proceedings, since on the date of death, the mother of the deceased has given a report having suspicion about the death of her daughter. Considering all these aspects, there are no grounds for quashing the proceedings as sought for. In the result, the following:
ORDER
The petition is dismissed.
Sd/JUDGE
AC CT:BCK List No.: 1 Sl No.: 25
2 issues framed by the court
Whether the criminal proceedings u/s 498A and 306 IPC should be quashed based on allegations of suicide and lack of abetment.
Whether prima facie material in the charge sheet and neighbor statements preclude quashing of domestic violence charges.
1 provisions across 1 enactments
Ramesh s/o Basappa
State of Karnataka
Smt. Latha d/o Mounesh
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
