Partly allowed

Mahesha K M v. State by Sub-Inspector of Police

Karnataka HC18 Jul 2024CRL.P/704/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings against the wife (second petitioner) who faces general allegations in a dowry and cruelty case. Proceedings against the husband were allowed to continue as specific allegations were made against him, deeming Section 482 inquest inappropriate for the wife. The petition was allowed in part.

What did the court decide?

Proceedings against the second petitioner (wife) were quashed. Proceedings against the first petitioner (husband) to continue.

Mahesha K M Vs State by Sub-Inspector of Police — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:27779 CRL.P No. 704 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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CRIMINAL PETITION NO. 704 OF 2019

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BETWEEN:

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MAHESHA K M S/O MAHADEVA K P AGED 31 YEARS, R/O NO. 503/49, NAVEEN NILAYA 1ST FLOOR, 4TH CROSS MANJOOT KACHANAYAKANAHALLI L/O BOMMASANDRA INDUSTRIAL AREA BENGALURU CITY - 560 105.

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SMT. DEVAKI K K W/O MAHADEVA K P AGED ABOUT 47 YEARS, R/O H NO. 12/38

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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GURUKARA STREET, MUDIGUNDAM KOLLEGALA TOWN - 571 44 CHAMARAJANAGAR DISTRICT.

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(BY SRI. ROOPESHA B., ADVOCATE)

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AND:

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…PETITIONERS

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STATE BY SUB-INSPECTOR OF POLICE WOMEN POLICE STATION SHIVAMOGGA - 577 201.

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SMT. SMITHA H M W/O MAHESH K M AGED ABOUT 29 YEARS, REVATHI # 200/201

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NC: 2024:KHC:27779 CRL.P No. 704 of 2019

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L.B.S.NAGAR, SHIVAMOGGA - 577 201.

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…RESPONDENTS

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(BY SMT. ANITHA GIRISH, HCGP FOR R-1; SRI. B.S.PRASAD, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CRIME No.167/2018 FROM THE FILE OF J.M.F.C-II SHIMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 506 READ WITH SECTION 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 FILED BY 1^ST RESPONDENT.

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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 by the husband and mother-in-

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law challenging the proceedings initiated by second respondent – wife for the offences punishable under Sections 498A and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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A reading of the complaint would indicate that the first petitioner and the second respondent got married in the year 2016 and out of the wedlock they have one child. The complaint was lodged two years after the marriage i.e., on 13.03.2018 making allegations against, essentially,

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3 - NC: 2024:KHC:27779 CRL.P No. 704 of 2019

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against the husband. The complaint averments would indicate that the entire set of allegations are directed only against the husband and only an averment is made that the husband ill-treated complainant at the instigation of his mother.

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In my view, the allegations against the mother does not warrant a prosecution on the criminal side since they are basically general allegations. The proceedings, therefore, as against second petitioner shall stand quashed.

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However, since there are specific allegations against the first petitioner, it would not be an appropriate case to invoke Section 482 of Cr.P.C. Consequently, the petition is allowed in part. The proceedings against second petitioner alone is quashed and the proceedings against first petitioner shall, however, continue.

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Sd/JUDGE

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HNM, List No.: 1 Sl No.: 31

Mahesha K M v. State by Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

Mahesha K M v. State by Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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