Petitioners, accused Nos. 2 and 3 in a dowry and cruelty case under Sections 323, 498-A, 506 r/w 34 IPC and the Dowry Prohibition Act, sought quashing of the FIR and charge sheet. Counsel for petitioners was absent; the court found prima facie materials including bank transfers of Rs.8 lakhs 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8925 OF 2021
BETWEEN:
| 1. | DR JAYAKUMAR J. S/O JOSEPH AGED ABOUT 68 YEARS R/AT NO.3/1, 8THCROSS STREET POLUR ROAD, CHETPET-60-6801 T.V.MALI DIST. TAMIL NADU |
||
|---|---|---|---|
| 2. | STANLEY JAYAKUMAR S/O JAYAKUMAR, AGED 38 YEARS R/AT NO.3/1, 8TH CROSS STREET, POLUR ROAD, |
||
| CHETPET-60-6801 T.V.MALI DISTRICT TAMIL NADU |
…PETITIONERS | ||
| (BY | SRI. ZULFIKIR KUMAR SHAFI., ADV.) | ||
| Digitally signed by HEMALATHA A |
AN 1. |
D : STATE OF KARNATAKA BY |
|
| Location: HIGH |
WHITEFIELD POLICE REP BY STATE PUBLIC PROSECUTOR |
||
| COURT OF KARNATAKA |
HIGH COURT OF KARNATAKA BENGALURU-560 001 |
||
| 2. | SMT.SHWETHA WILSON W/O MR.JAISON JOSEPH JAYAKUMAR AGED ABOUT 33 YEARS D/O MR.WILSON C.J. R/AT 'MAJESTIC RESIDENCY' BLOCK C 301 NO.26 |
||
| TAVAREKERE MAIN ROAD | |||
| BENGALURU-560 029 | …RESPONDENTS |
(BY SMT.K.P.YASHODHA, HCGP FOR R1; SRI.SHARAN L. JAIN, ADV. FOR R2[VC])
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.75/2021 DATED 16.03.2021 FILED BY THE FIRST RESPONDENT, WHITEFILED P.S., BEFORE ADDITIONAL CJM, BANGALORE RURAL DISTRICT PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioners being accused Nos. 3 and 2, respectively, are seeking to quash the criminal proceedings initiated against them by respondent No.2 in Crime No.75/2021 of Whitefield Police Station, Bengaluru, now pending in C.C.No.20532/2021, on the file of the learned I Additional Chief Judicial Magistrate, Bengaluru Rural District, for the offences punishable under Sections 323, 498-A, 506 r/w. Section 34 of Indian Penal Code ( in short ‘IPC’) and Sections and 4 of Dowry Prohibition Act.
No.1 on 10.04.2015 and started residing with him in Bengaluru. He had sexual inability and therefore, was not having any relationship with respondent No.2. He was addicted to drinking and used to drink alcohol, used to pick up quarrel with respondent No.2 and abused her in filthy language. It is stated that accused Nos. 1 to 3 have demanded the gold jewellery, cash and other valuables at the time of marriage and received the same. Even after marriage, accused No.2, who is the brother of accused No.1 used to come with him heavily drunk and used to pick up quarrel and ill-treat respondent No.2.
NC: 2024:KHC:46226 CRL.P No. 8925 of 2021
“Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?"
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
NC: 2024:KHC:46226 CRL.P No. 8925 of 2021
am of the opinion that the petitioners are not entitled for
the grant of any relief.
‘Negative’ and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/-
(M G UMA)
JUDGE
CM
List No.: 2 Sl No.: 60
1 issue framed by the court
Whether the petitioners made out grounds to quash the criminal proceedings against them in Crime No.75/2021 for dowry and cruelty offences?
6 provisions across 3 enactments
Dr Jayakumar J.
Stanley Jayakumar
State of Karnataka by Whitefield Police
Smt. Shwetha Wilson
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
