Rahul and Ors. Vs the State of Karnataka and Anr.

THE STATE OF KARNATAKA, THROUGH BIDAR WOMEN PS, REP BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585103.

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SMT. SUPRIYA D/O VAIJINATH WANKHEDE W/O RAHUL PYAGE, AGED: ABOUT 32 YEARS, OCC: HOUSEHOLD, R/O. NEW BHIM NAGAR COLONY, KAMALANAGAR, DIST. BIDAR-585401.

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…RESPONDENTS

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(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI SANJAY A. PATIL, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO, 1) ALLOW THE PRESENT PETITION AND QUASH THE FIR IN CRIME NO.2/2024 DATED 04-01-2024 BEING REGISTERED BY THE RESPONDENT NO.1 POLICE, BIDAR WOMEN OFFENCE UNDER SECTIONS 498-A, 323, 504 AND 506 R/W 149 IPC AND SEC. 3 OF DP ACT, PENDING ON THE FILE OF THE COURT OF I ADDL. CIVIL JUDGE AND JMFC AT BIDAR. 2) GRANT SUCH

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HC-KAR

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OTHER ORDER/S AS THIS HON’BLE COURT MIGHT DEEM FIT THE CIRCUMSTANCES OF THE CASE.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

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Heard Sri Ravi B. Patil, learned counsel for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri Sanjay A. Patil, learned counsel for respondent No.2.

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Petition under Section 482 of Cr.P.C. with the following prayer:

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Allow the present petition and quash the fir in Crime No.2/2024 dated 04-01-2024 being registered by the respondent No.1 Police, Bidar Women offence under sections 498A,, 323, 504 and 506 R/W 149 OF IPC and Sec. 3 of DP Act, pending on the file of the court of I Addl. Civil Judge and JMFC at Bidar.

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HC-KAR

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Grant such other order/s as this Hon’ble Court might deem fit the circumstances of the case”.

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Brief facts in nutshell for disposal of the present

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petition are as under:

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3.1 Respondent No.2 – Smt.Supriya lodged a

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complaint with Bidar Women Police Station on 04.01.2024, which was registered in Crime No.2/2024 for the offence punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC and Section 3 of the Dowry Prohibition Act, 1961.

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3.2 Gist of the complaint averments would reveal that respondent No.2 was married to petitioner No.1 as per the Hindu rights and customs. After the engagement ceremony was over, as per the discussions held, gold, cash and household articles were given as dowry. After the marriage, respondent No.2 joined the matrimonial home, wherein, she was treated properly only for a period

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HC-KAR

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of one month. Thereafter, on flimsy grounds husband and

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his family members started picking up quarrel.

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3.3 It is further contended that marriage of petitioner No.4 was sought to be performed and for that purpose, complainant was harassed to bring additional dowry from her parents.

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3.4 The said harassment was intimated to the parents and relatives of the complainant. At that juncture, they visited the matrimonial home, held panchayat and requested and advised the petitioners to lookafter the complainant in a proper manner.

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3.5 For a brief period, the couple lived happily and respondent No.2 became pregnant. When the matter stood thus, on 18.12.2023 at about 4.00 p.m. all the petitioners told respondent No.2 to get the pregnancy aborted.

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3.6 Among them, petitioner No.1 being the husband assaulted on the abdomen and on the face, petitioner

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HC-KAR

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Nos.2 to 4 also assaulted on her abdomen and on other

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parts of the body and gave life threat.

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3.7 As a result, she started suffering pain in the

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abdomen and ambulance was secured. She was shifted to Government Hospital, Bidar. The matter was intimated to the elder sister of the complainant and her elder sister and brother-in-law visited the Government Hospital, Bidar and thereafter took her to Kamalanagar.

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3.8 The said incident was then reported to the

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police by way of a written complaint. The police after registering the case are investigating the matter. The petitioners subjected themselves to the jurisdictional Magistrate and obtained bail. Thereafter, they have filed the present petition challenging very registration of the case against them.

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After addressing the arguments at length, learned counsel for the petitioners files a memo.

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Memo reads as under:

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HC-KAR

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“The petitioners in the above matter humbly prays this Hon’ble Court be pleased to permit the petitioner Nos.1 to 4 to withdraw the petition with liberty to agitate their grievances after filing of charge sheet. The present memo to the said effect may kindly be taking on record, in the interest of justice.”

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Placing the memo on record, petition as against petitioner Nos.1 to 4 stands dismissed.

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Learned counsel for the respondent No.2 and

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learned High Court Government Pleader for respondent No.1 would support registration of FIR and continuation of the investigation.

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Having heard the arguments of both sides, this

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Court perused the material on record meticulously.

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On such perusal of the material on record, it is

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crystal clear that petitioner Nos.5 to 8 are residing separately.

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HC-KAR

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Even as per the complaint averments, on the

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date of last incident namely, 18.12.2023 presence of petitioner Nos.5 to 8 were not found.

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Taking note of these aspects of the matter and following the principles of law enunciated by the Kahkashan Kausar @ Sonam vs. The State Of Bihar reported in (2022) 6 SCC 599, this Court is of the considered opinion that the pending FIR as against petitioner Nos.5 to 8 needs to be quashed as they did not share common roof and the allegations found against them are omnibus and general in nature.

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Accordingly, following order is passed:

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ORDER

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a) Criminal petition is allowed in part.

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b) Petition against petitioner Nos.1 to 4, who

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are accused Nos.1 to 4 is dismissed in view of the memo filed by the learned counsel for the petitioners.

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HC-KAR

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c) Pending criminal proceedings in Crime No.2/2024 of Bidar Women Police Station is hereby quashed in respect of petitioner Nos.5 to 8, who are accused Nos.5 to 8.

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d) Further, quashing of FIR in respect of petitioner Nos.5 to 8/accused Nos.5 to 8 would not affect the pending investigation in respect of remaining petitioner Nos.1 to

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