Allowed

Sri. Suresh. D. M. v. the State of Karnataka

Karnataka HC21 Nov 2024CRL.P/777/2024

Case brief

AI extract

What is this about?

Relatives-in-law facing trial for cruelty, assault and outraging modesty sought quashing of proceedings. The High Court found the allegations against them general and omnibus, unsupported by medical evidence, with an alibi certificate and delayed FIR, and quashed proceedings qua accused Nos.2 to 4 as an abuse of process.

What did the court decide?

Proceedings in C.C.No.129/2023 before I Addl. Civil Judge and JMFC, Channagiri quashed insofar as they relate to accused Nos.2 to 4.

Sri. Suresh. D. M. Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:47518 CRL.P No. 777 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 777 OF 2024

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BETWEEN:

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SRI. SURESH. D. M. S/O MYLAR NAIK, AGED ABOUT 56 YEARS, R/A NO 02, DURGIGUDI, NORTH DIVISION, HONNALI TOWN, DAVANGERE DISTRICT - 577 217.

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SMT. GEETHA S/O SURESH D M AGED ABOUT 49 YEARS, R/A NO 02, DURGIGUDI, NORTH DIVISION, HONNALI TOWN, DAVANGERE DISTRICT - 577 217.

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SRI AKSHAY S PAWAR S/O SURESH D M, AGED ABOUT 27 YEARS, R/A NO 02, DURGIGUDI, NORTH DIVISION, HONNALI TOWN, DAVANGERE DISTRICT - 577 217.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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(BY SRI. RUDRAPPA P., ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA, CHANNAGIRI P S., CHANNAGIRI TALUK, DAVANGERE DISTRICT - 577 213. REPRESENTED BY ITS SPP., KARNATAKA HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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NC: 2024:KHC:47518 CRL.P No. 777 of 2024

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SMT LATHA BAI W/O SATHISH NAIK, AGED ABOUT 36 YEARS, R/O AJJIHALLI VILLAGE, CHANNAGIRI TALUK,

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DAVANGERE DISTRICT - 577 213.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1; SRI. B.J. KRISHNA, ADVOCATE FOR R2;)

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THIS CRL.P. IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.129/2023 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC AT CHANNAGIRI FOR THE ALLEGED OFFENCES P/U/S 498A, 323, 354B, 114, 506 R/W 34 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners, accused Nos.2 to 4, who are facing charges for offences punishable under Sections 498A, 323, 354B, 114, and 506 read with Section 34 of the Indian Penal Code (IPC), are before this Court.

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The prosecution’s case is that the de facto complainant is the legally wedded wife of accused No.1. Accused No.2 is the brother-in-law of the complainant, accused No.3 is the wife of accused No.2, and accused No.4 is the son of accused Nos.2 and 3. It is alleged that the accused subjected the de facto complainant to mental and physical cruelty. On 03.07.2022, the accused allegedly visited

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3 - NC: 2024:KHC:47518 CRL.P No. 777 of 2024

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the land that respondent No.2 was cultivating, abused her in filthy language, and outraged her modesty.

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Specifically, on 03.07.2022, the petitioners /accused allegedly visited the land allotted to the de facto complainant. When the complainant questioned their right to cultivate the land, the petitioners allegedly pulled her nightwear, abused her in filthy language, and assaulted her on her hands and legs. The petitioners have subsequently filed an application for discharge under Section 227 of the Criminal Procedure Code (Cr.P.C.).

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After hearing the learned counsel for both parties and perusing the charge sheet materials, the following observations are made:

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The marriage between accused No.1 and the de facto complainant was solemnized in 2005, and accused No.1 filed a petition for dissolution of marriage in 2012. The petitioners (accused Nos. 2 to 4) reside in Honnali Taluk, while the de facto complainant was residing at her matrimonial home in Channagiri Taluk. A review of the statements and charge sheet reveals that the allegations against the petitioners are general and omnibus in nature, with no specific details as to how each petitioner assaulted, abused, or outraged the complainant’s modesty.

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NC: 2024:KHC:47518 CRL.P No. 777 of 2024

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Furthermore, the charge sheet materials do not include any medical certificates to substantiate the claim that the complainant sustained injuries from the alleged assault.

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The petitioners have also submitted a certificate from Shree Adishakti Subramanya Durgaparameshwari Seva Trust, which indicates that they were not present at the site of the alleged incident on 03.07.2022, as they had visited Shree Kshetra Adishakti Subramanya Durgaparameshwari Devastana on that date. Notably, the FIR was lodged four days later, on 07.07.2022.

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Given that the allegations against the petitioners are general and omnibus, without any specific details or corroborative evidence, continuing the criminal proceedings would constitute an abuse of the process of law.

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Accordingly, the petition is allowed.

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The impugned proceedings in C.C.No.129/2023 on the file of I Additional Civil Judge and JMFC , Channagiri, insofar as it relates to accused Nos.2 to 4 is hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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AMA

Sri. Suresh. D. M. v. the State of Karnataka

Case brief

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Sri. Suresh. D. M. v. the State of Karnataka

Case brief

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