Petitioners, the husband's mother and brother, sought quashing of dowry-harassment proceedings. The High Court found specific allegations of dowry demand and physical and mental harassment against them in the charge sheet and dismissed the petition.
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.
NC: 2024:KHC:49700 CRL.P No. 12609 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 12609 OF 2023 (482(Cr.PC) / 528(BNSS))
BETWEEN:
AGED ABOUT 24 YEARS,
R/AT 405, WARD NO.2, NEAR GOVT. SCHOOL, BASAPATTANA, GANGAVATHI, KOPPAL-583235.
…PETITIONERS
(BY SRI. MOHAMMED MUJASSIM., ADVOCATE)
AND:
Digitally signed by NANDINI D Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1, R2 - SERVED, BUT UNREPRESENTED.)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.11570/2020 FOR THE OFFENCE P/U/S.498(A) AND 506 OF IPC AND SEC.3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 REGISTERED BY BASAVANAGUDI WOME POLICE STATION PENDING BEFORE THE HON'BLE XXXVII ACMM, BENGALURU IN SO FAR AS IT RELATES TO THE PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
This petition is filed by petitioners No.1 and 2/accused No.2 and 3 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short) seeking quashing of proceedings in C.C.11570/2020 arising out of crime No.36/2020 registered by Basavanagudi Women Police and charge sheeted for the offences under Section 498A, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.
complaint filed by respondent No.2, the police have registered the First Information Report against these petitioners and other accused persons and filed the charge sheet. It is alleged that the accused Nos.1 and 3 along with complainant were residing at Bengaluru and these petitioners are said to have demanded and received dowry and even at the time of marriage, they demanded
huge dowry and after marriage also, they demanded further dowry of Rs.5,00,000/- (Rupees Five lakhs only). Later, there was quarrel between husband and wife. On 06.12.2019, in the night, accused No.1 strangulated the complainant and complainant in turn telephoned her parents and intimated to the Koppal Women Police. Accordingly, the police sort out the issue and warned accused No.1 not to repeat such kind of acts. Later, accused Nos. 1 and 3 and the complainant are said to be shifted to Bengaluru. In Bengaluru, the complainant had
NC: 2024:KHC:49700 CRL.P No. 12609 of 2023
admitted to the College wherein accused Nos.1 and 2 have instructed accused No.3 to follow the complainant to College and see whether she interacts with other persons in the College. Based on this accused No.3 followed the complainant and warned her not to speak with anybody in the college and accused No.3 used to give all the details about the complainant to accused Nos.1 and 2. Subsequently, accused Nos.1 and 2 told complainant that she should stop going to college and further it is alleged that accused persons made the complainant to sleep separately and they demanded further dowry of Rs.5,00,000/- (Rupees Five lakhs only) for taking her back to their house. Panchayat was also held in the house of complainant where the accused persons demanded for further dowry. Based on these allegations, the complainant filed complaint against these accused persons with the police and the police in turn had filed charge sheet.
NC: 2024:KHC:49700 CRL.P No. 12609 of 2023
Crl.P.No.4591/2021. This Court quashed the criminal proceedings against accused No.4 vide order dated 16.02.2022. Similarly, accused Nos.5 and 6 approached this Court in Crl.P.No.4588/2021 and this Court quash the criminal proceedings against accused Nos.5 and 6 vide order dated 01.02.2021. Now, petitioners No.1 and 2/accused Nos. 2 and 3 are before this Court seeking to quash the criminal proceedings initiated against them.
NC: 2024:KHC:49700 CRL.P No. 12609 of 2023
against these petitioners. The complainant refused to
reside with accused No.1.
NC: 2024:KHC:49700 CRL.P No. 12609 of 2023
that at the time of marriage, the parents of complainant had given gold ornaments and cash as dowry to accused No.1. There is quarrel between accused No.1 and the complainant and other accused persons along with accused No.1 demanded additional dowry of Rs.5,00,000/-. The allegation against accused No.3 is that he is said to have followed the complainant while she was going to the college and he used to restrict her not to talk with anybody in the college and intimate the same to accused Nos.1 and 2. As such, accused No.1 stopped her from going to college. Panchayat was said to be held in the house of complainant and these accused persons demanded further dowry of Rs.5,00,000/- for taking her back. Hence, the complainant filed complaint against these accused persons.
there is specific allegations against petitioners No.1 and 2. Petitioner No.2 followed the complainant to college and made complaint against her to accused Nos.1 and 2 and he also used to harass the complainant both physically and mentally along with other accused persons. The orders passed by this Court quashing the criminal proceedings against accused Nos.4, 5 and 6 are produced.
proceedings against these petitioners. On the other hand, there is specific allegations against the said petitioners, there is demand and acceptance of dowry and also further demand of dowry by these petitioners. Further, they harassed the complainant both physically and mentally. Hence, it is not a fit case to quash the criminal proceedings against these petitioners. Merely petitioner No.1/accused No.2 is aged 59 years itself is not a ground to quash the criminal proceedings against her. The said concept is considered only at the time of granting bail and not in quashing the criminal proceedings initiated against the accused persons. Therefore, the petition is devoid of merits and accordingly, it is dismissed .
Sd/(K.NATARAJAN) JUDGE
SSD
List No.: 2 Sl No.: 6
1 issue framed by the court
Whether criminal proceedings under Sections 498A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act against the mother and brother of the accused husband could be quashed.
6 provisions across 4 enactments
Smt. Ratnamma
Sri Vishwanatha
State of Karnataka, Basavanagudi Women Police Station
Smt. Thulasilakshmi
K. Natarajan
As recorded by the court registry
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