The High Court of Karnataka quaashed criminal proceedings against accused in-laws in a Section 498A case, ruling that the allegations were generalized abstract assertions and not specific enough to warrant criminal prosecution.
Quashed the proceedings in C.C. No.592/2023 against the petitioners pending before II JMFC, Belagavi.
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, DHARWAD BENCH
DATED THIS THE 9TH DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102457 OF 2023
BETWEEN:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
…PETITIONERS
8 ALIYA APARTMENT SAIBA H.NO 1002/A, VEERDHABRA NAGAR, BELAGAVI CITY, PIN CODE 590001.
…RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. A.R. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE FURTHER PROCEEDINGS, IN CC NO.592/2023 FOR THE OFFENCE U/SEC. 498A, 323, 504, 506 R/W 34 OF IPC ON THE FILE OF II JMFC, BELAGAVI IN RESPECT OF ACCUSED NO.3, 4 AND 5, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.3 to 5 praying to quash the entire proceedings in C.C. No.592/2023 registered for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’, for short) pending on the file of the learned II JMFC court, Belagavi.
Women Police Station Crime No.50/2022 for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of IPC. After investigation, charge-sheet came to be filed against the petitioners for the aforesaid offences and the proceedings of the said criminal case are sought to be quashed.
petitioners, the learned counsel for respondent No.2 and the learned High Court Government Pleader for respondent No.1 –State.
in-law, brother-in-law and the sister-in-law are in no way concerned with the alleged acts. He placed reliance on the decision of the Hon’ble Apex Court in the case of Kahkashan Kausar v. State of Bihar1 . With this, he prayed to allow the petition and quash the proceedings against the petitioners.
1 (2022) 6 SCC 599
Court has perused the charge-sheet records and other material placed on record.
gone to her house and abused her and asked her why she has filed the complaint against them. The allegations made in the complaint are omnibus statements and general allegations. The allegation made against accused No.1-husband of respondent No.2 is, assault by him. There is no individual allegations against the petitioners.
“Issue involved
NC: 2024:KHC-D:12882 CRL.P No. 102457 of 2023
instruments to settle personal scores against the husband and his relatives.”
11. In view of the above, the following ORDER
The petition is allowed. The proceedings
against the petitioners in C.C. No.592/2023 pending on the file of the learned II JMFC Court, Belagavi, are quashed.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
kmv
CT:ANB
2 issues framed by the court
Whether proceedings under Section 498A IPC against in-laws can be quashed due to vague and omnibus allegations.
Whether continuing proceedings against the petitioners amounts to an abuse of the process of law.
Colour shows how this judgement treated each authority
Kahkashan Kausar v. State of BiharFollowed¶44
Kahkashan Kausar v. State of Bihar (2022) 6 SCC 599 · Who else cites this
2 provisions across 2 enactments
Hamida W/o. Liyakatali Inamdhar
Raizwan S/o. Liyakatali Inamdhar
Rahat Inamdhar
Farheen W/o. Imran Inamdhar
State of Karnataka
Shivashankar Amaranavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
