Allowed¶34

Sri. Sachin Shivaputrappa Chimmalagi v. State of Karnataka

Karnataka HC7 Jan 2025CRL.P/100341/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; CRL.P No. 100341 of 2022; Hemant Chandangoudar J; order dated 07.01.2025; quashing under Section 482 CrPC (also listed under 528 BNSS); general and omnibus allegations; no specific overt act; accused Nos.3 and 4 residing separately; acquittal of accused Nos.1 and 2 by trial Court on 27.11.2024; abuse of process of law; IPC Sections 498A, 307, 323, 504, 506 r/w 34; Dowry Prohibition Act, 1961 Sections 3 and 4; Crime No.250/2021, Soundatti Police; CC No.3233/2021; interim stay dated 07.02.2022.

What did the court decide?

The petition was allowed and the impugned proceedings in CC No.3233/2021 on the file of the learned Prl. Civil Judge and JMFC, Saundatti, were quashed insofar as they relate to petitioners/accused Nos.3 and 4. ¶34

Sri. Sachin Shivaputrappa Chimmalagi Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

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NC: 2025:KHC-D:190 CRL.P No. 100341 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100341 OF 2022 (482(CR.PC)/528(BNSS))

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BETWEEN:

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SRI. SACHIN SHIVAPUTRAPPA CHIMMALAGI, AGE: 31 YEARS, OCC: NIL, R/O: SINGARAKOPPA, TQ: SAUNADATTI, DIST: BELAGAVI-591 126.

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SMT. SAVITRI SHIVAPUTRAPPA CHIMMALAGI, AGE: 51 YEARS, OCC: HOUSE WIFE, R/O: SINGARAKOPPA, TQ: SAUNADATTI, DIST: BELAGAVI-591 126.

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SRI. SHIVAPUTRAPPA NINGAPPA CHIMMALAGI, AGE: 60 YEARS, OCC: X- ARMY PERSONNEL, R/O: SINGARAKOPPA, TQ: SAUNADATTI, DIST: BELAGAVI-591 126.

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH MOHANKUMAR COURT OF B SHELAR KARNATAKA DHARWAD BENCH Date: 2025.01.10 12:40:18 +0530

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MR. SHRINATH SHIVAPUTRAPPA CHIMMALAGI, AGE: 30 YEARS, OCC: ASST. DIRECTOR OF AGRICULTURE, R/O: SINGARAKOPPA, TQ: SAUNADATTI, DIST: BELAGAVI-591 126, CORRECT ADDRESS: R/O: PWD QUARTERS, ANNIGERI ROAD,

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NEAR APMC-NAVALGUND-582 101, DIST: GADAG.

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… PETITIONERS

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(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REP. BY SOUNDATTI POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING-DHARWAD.

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NC: 2025:KHC-D:190 CRL.P No. 100341 of 2022

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SMT. JHOTI SACHIN CHIMMALAGI, AGE: 24 YEARS, OCC: HOUSEWIFE, R/O: SINGARAKOPPA, TQ: SAUNNADATTI, DIST: BELAGAVI-591 126.

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… RESPONDENTS

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(BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ORDER PASSED BY LEARNED PRL. CIVIL JUDGE AND JMFC COURT SAUNDATTI DATED: 05.01.2022 IN CC NO.3233/2021 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 498(A), 307, 323, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT-1961 AS AGAINST THE PRESENT PETITIONERS REGISTERED IN CRIME NO.250/2021 OF SOUNDATTI POLICE WHO ARE ARRAYED AS ACCUSED NO.1 TO 4, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners, who are facing charges for offences punishable under Sections 498A, 307, 323, 504, and 506 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, have approached this Court seeking quashing of the proceedings initiated against them.

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3 - NC: 2025:KHC-D:190 CRL.P No. 100341 of 2022

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The prosecution’s case is that accused No.1 is the husband, accused Nos.2 and 3 are the parents-in-law, and accused No.4 is the brother-in-law of the defacto complainant. It is alleged that they subjected the complainant to both physical and mental cruelty and that accused No.3 made an attempt to murder her. Further, all the accused allegedly demanded money from the complainant’s parental house.

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Heard the learned counsel for the parties and perused the petition papers.

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This Court, by an interim order dated 07.02.2022, stayed the proceedings against accused Nos.3 and 4 while allowing the trial Court to proceed against accused Nos.1 and 2. During the pendency of this petition, the trial Court acquitted accused Nos.1 and 2 by judgment dated 27.11.2024.

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Upon examining the allegations, it is observed that the charges against accused Nos.3 and 4 are general and omnibus in nature, with no specific overt act attributed to them. Additionally, it is undisputed that accused Nos.3 and 4 reside separately from the complainant. Furthermore, accused Nos.1 and 2, against whom specific allegations were made, have already been acquitted by the trial Court. In light of these facts, the continuation of criminal proceedings against accused Nos.3 and 4 would amount to an abuse of the process of law. Accordingly, I proceed to pass the following:

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4 - NC: 2025:KHC-D:190 CRL.P No. 100341 of 2022

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ORDER

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a) The petition is allowed;

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b) The impugned proceedings in CC No.3233/2021 on the file of learned Prl. Civil Judge and JMFC, Saundatti, insofar it relates to petitioners/accused Nos.3 and 4, are hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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JTR CT:BCK

Sri. Sachin Shivaputrappa Chimmalagi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Sachin Shivaputrappa Chimmalagi v. State of Karnataka

Case brief

What is this about?

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What the court decided

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