Sri. Deepak Ruban @ Deepak Vs State of Karnataka

SMT. LAKSHMI S., AGED ABOUT 40 YEARS, W/O DEEPAK RUBAN, R/AT NO.509, 6^TH CROSS, KALLAMMA ROAD, ITC ROAD, R.S.PALYA, KAMMANAHALLI, BENGALURU - 560 033.

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.51306/2021 PENDING ON THE FILE OF THE HON’BLE XI ADDL CJM, MAYO HALL, BENGALURU, FOR THE ALLEGED OFFENCE P/U/S/ 3, 4 OF DP ACT AND SEC.498-A, 323, 324, 504, 506 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT NO.1 POLICE I.E., BANASAWADI POLICE AS PER ANNEXURE-B.

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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 M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is the husband, the 2^nd respondentcomplainant is the wife. The petitioner is before this Court calling in question the proceedings in C.C.No.51306/2021 registered for offences punishable Section 498A, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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Heard Sri.Shridharamurthy H.R., learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondent No.1 and have perused the material on record.

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Facts in brief, germane, are as follows:

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3.1. The petitioner is accused No.1 and the 2^nd respondent-complainant got married on 10.06.2014. The relationship between the two appears to have floundered and the petitioner registers M.C.No.2027/2020 before the concerned Court. On 16.07.2020, comes a crime on a complaint registered by the 2^nd respondent-wife which becomes a crime in Crime No.273/2020. The police conduct investigation and file a charge sheet. Filing of the charge sheet is what has driven the husband to this Court in the subject petition.

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Learned counsel appearing for the petitioner would vehemently contend that the petitioner has registered the complaint after the receipt of a notice in the matrimonial case. Therefore, it is as a counter blast and nothing said in the

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complaint or summary of the charge sheet is true, as it is shrouded with falsehood. Learned counsel submits that if this would be permitted, it would become an abuse of the process of the law.

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Per contra, learned Addl. SPP appearing for the State would vehemently refute the submissions in contending that the allegations against the husband is for beating the wife every now and then on demand of dowry, which would undoubtedly mean cruelty as necessary under section 498A of the IPC. It is for the petitioner to come out clean in a full-blown trial, is his submission.

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I have given my anxious consideration to the

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submissions made by learned counsel for the parties and have perused the material on record.

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The afore-narrated facts are not in dispute.

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On 11.07.2020, comes the complaint and the entire

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issue has now triggered from the complaint. The complaint registered is as follows:

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"To

Date: 11/07/2020

The Inspector of Police Banaswadi Police Station, Bangalore

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From, 9740383997 Lakshmi S (Abinaya), Ph: 9036083997-35 age W/o Deepak Ruban, R/at No. 509, 6th Cross, Kallamma Raod, Ramaswamy Palya, M. S. Nagar Post, Kammanahalli, Bangalore-560 033.

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- R.C. - ROMAN CATHALOLIC Sir,

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SUBJECT:- Complaint against my Husband Deepak and his mother Sudha and Elsa for Demanding Dowry, harassment, Domestic violence, assault and criminal intimidation, the said persons are all residing at No. 509, 6th Cross, Kalamma road, ITC road, R.S.Palya, Kamanahalli, Bangalor.

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1. 1 submit that my marriage was celebrated on 10/06/2015 at St. Francis Xavier's Cathedral, St. John's road, Bangalore as per Christian customs prevailing in our community with my Deepak, the said marriage was an arranged marriage, furthermore at the time of marriage talks, my husband and their family members did not demand for dowry and later when the date of marriage was fixed and the date of marriage was nearing they started demanding for a gold chain weighing 20 Grams, finger ring worth 15,000/- and bracelet around 10 grams and they also demanded that a sum of Rs.5,00,000/- in cash towards dowry & later we were forced to settle down at 2,60,000/- & they also demanded for jewelry for the girl, later altogether 13 soverigns of gold was given to me by my parents and we having no alternative had to abide by their demands and the marriage was performed. The entire marriage was performed at our cost, the total expenditure for the marriage was summed upto more than Rs.5,00,000/-. During the marriage due increase in number of Guest, there was some shortage in food, keeping this as a reason, they started harassing us in kalyana mantapa itself.

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2. I submit that after seeing each other family and the house the engagement was performed from our side, the date of marriage was fixed and soon after my marriage, my husband and his mother started demanding for money as they have housing loan which has to be settled through the dowry and also demanded to hand over the entire salary to him or his mother and later they had demanded to buy him a car, they demanded to pay a sum of Rs. 2 Lakhs in cash towards the household utensils to be given at the time of marriage.

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3. I submit that after marriage myself and my husband started residing at their house in R.S.Palya, Bangalore. The day after the nuptial ceremonies were arranged, since then my mother in law started further harassing me that I was not a virgin and I am not from a good family background.

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4. I submit that from the day one of our marriage my mother in law suspected my fidelity, she had arranged a panchayat on the said issue among the ladies in the family and humiliated me to the maximum, for no reasons she used to pickup fights with me and instigated my husband to assault me, this took an ugly turn at home and this went beyond control, Mrs.Sudha used to fiddle with my mobile phone and question me about the calls received.

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5. After the first couple of days of our marriage, my husband started behaving differently & made demands on me asking me to get money, jewelry from my mother. They also demanded for a house in Bangalore. It is pertinent to note that my mother in law keeping this in mind had separated me and my husband for almost 1 1/2 months from the initial days of marriage,

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6. It is pertinent to note that just the next day of our marriage, my mother in law started demanding me to raise loan from relatives, friends and also take loan from the office, as they wanted to clear the bank loan over the schedule property. They both claimed that the marriage was arranged with me just because I was working for a company and all money I earned shall belong to them.

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7. After a point of time, my husband started to verbally abuse me which slowly matured to physical abuse by my husband and his mother. This practice of physical and verbal abuse started gradually becoming more frequent and as I was unable to bear it any further. I was forced to hand over the entire salary to them, if refused they would assault me black and blue and my husband and his family members only started growing and the abuses become more frequent reaching to an almost daily basis. I was totally shattered and mentally worn out and was brought to a point where it was unbearable any further and left with no other option but to inform my family members of the same.

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8. My family members and other well wishers decided to come and meet my husband and sort out the differences. Their attempts to sort out the issue with my husband were given the cold shoulder by my husband and his family members. But again a pachayat was held in family and later it was agreed for a reunion I had rejoined him and started residing in Kammanahalli.

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9. It is pertinent to note that my mother in law again demanded for money and chased me out of the house knowing very will that I was pregnant.

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10. To my great dismay even the intervention of our community elders and well wishers had no effect and husband did not seem to mend his ways. He brushed aside all advises and interventions saying it was our family affair and we would sort things out in his own fashion.

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11. Later, after a couple of days, my husband came to my house and he said that his mother is mentally upset and he requested that for a while we could live our matrimonial life in your parents house at Kamanahalli, later he would pacify his mother and later take me back to the matrimonial home, for which I agreed and we started residing in Kamanahalli, even there he was forcing me to raise the loan from my work place, when I refused for the same stating that as she is due for delivery, it would become impossible to pay the EMI, hearing this my husband assaulted me during the late evening on 15/03/2016 and from 16/03/016 he separated himself

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from me, he and his mother criminally joined together have threatened to kill me if I tried to join them at the matrimonial home.

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12. I submit that during the initial days of marriage, my husband forcibly took a sum of Rs.60,000/- which is my saving and since then he would pester me and take all my saving and salary, till date he had received around few lakhs from my savings through which they claimed that the EMI to the house were cleared.

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13. I submit that even during my 5th month of pregnancy my husband had deserted me and has warned me to step in at the matrimonial home only when I arrange for 2 lakhs in cash.

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14. Since, then I am trying to get in touch with Deepak, he was avoiding me and when myself and my family members went to their house to discuss about the same, Deepak and his mother abused me and chased me out of the house in front of my family members saying I was not from a good family back ground, they both criminally joined together have threatened to kill me if I tried to join them at the matrimonial home.

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15. After delivery I was in my mother house for 3 months by the time my husband and mother in law they didn't come to see my son for the past 3 months I called Deepak many times he didn't respond to me, after some days he called me and he told me that he has a lot of credit and demanded me to arrange for money.

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16. I state that that during the 4th month of my child, I went to my in laws house, they didn't well come me and my son, immediately after 2days they started troubling me more and more, they didn't take care my son also. During this time my husband would get completely drunk, he would bit all over my body, when complaint to my mother in law, she says whats wrong in consuming alcohol as she also consumes alcohol. There are many instances where my mother in law did not allow me to feed my son. Regarding this I told my husband that his mother is not allowing me to feed milk to my son, he after consuming alcohol would shout at me in the middle of the night, he was in the habit of consuming lot of tobacco and

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other sedative things and he would always assault me for no reasons, on one occasion he had hit me so badly that my teeth was broken and an eye got damaged for which I had to undergo surgery.

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17. 1 submit that Deepak himself filed the restitution of conjugal rights Petition before the family court in MC No.6769/2018 and the said matter was settled before the mediation and after that I joined Deepak and his mother at the matrimonial home, they again started harassing me and took away all my savings and jewelries, now they have colluded with each other are trying to dispossess me from the my matrimonial Home.

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18. It is submitted that from the date of me re-joining them since April-May 2019, I am residing in the said house which infact belonged to Deepak.

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19. My mother in law never allowed me and my husband to sit together and she will interfere in our marital life, she would not allow us to latch our bedroom, she would enter the bed room to watch us while we involve with each other and she would inform my privacy things to everyone including the tenants.

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20. As of now my son is aged about 3years 10 months his name Donald Deepak Ruban, I am alone taking care of my sons expenses including medicine, food, school admission including fees transportation fees and all other expenses I am only taking care of his expenses.

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21. My husband is in the habit of suspecting my character, he would address me as a third class Scheduled Caste, he would track my phone Calls and record the same and he would check my bank balance in my account and on the instigation of my mother in law, my husband would demand me to handover all the amount with me to them

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22. I further state that I was not even allowed to see my mother, even when my mother was sick, they would not allow my family members to visit me and my son.

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23. My mother in law, her sisters together would abuse me using bad words and I am unable to listen to their

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words, Mrs. Mary, Mrs. Meena, Mrs. Fathima, Mrs.Elsa, Mrs.Stella would all join hands and abuse me on the instigation of my mother in law by coming to my house and treated me like their servant at home.

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24. I was pregnant for second child, my husband and mother in law told me to abort the child, when I refused, my mother in law stopped providing proper food, they didn't allow me to got to hospital for check-ups, due to which my pregnancy got terminated.

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25. Almost every time my husband and mother in law will take away my salary, they would fight with me for no reasons and they will hit me demanding for more money.

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26. I state that my husband wanted to buy a car so he demanded for Rs.30000/- I had to arrange of the money as he and his mother were torturing me to the core and over and above he and his mother demanded me to get my share in my mother property, failing which they have warned not to allow me in the house

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27. I state that my mother in law would warn me that she would file a police complaint for rape case if any of my brother came to my house to question their illegal things, hence my family members are afraid of coming to my aid, having no other alternative I had filed a complaint se seeking justice to the Banaswadi Police station, which the police registered a NCR in 390/2020 and summoned them on the same day on 20/04/2020 and counseled them not to torture me and my child.

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28. I submit that even after the police advising them, they after coming back home, they become more aggressive and assaulted me, my mother in law in particular on the next day i.e., on 21/04/2020 at about 6:40 pm, attacked me using an Axe-saw blade causing bleeding injury to me and tried to chase me and my child out of the matrimonial home, I called up the police control room and I was advised to go to the Ambedkar Medical Hospital on the same day for treatment, doctors registered a MLC case and reported the same to K.G.Halli Police, the said police spoke the me and informed that they will forward the report to the Banaswadi Police

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Station and they will register a criminal case and take up the investigation.

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29. It is submitted that I from the date of re-joining my husband since April-May 2019 is residing in the matrimonial home which infact belonged to my husband and my mother in law jointly. However taking advantage of the same now they are demanding dowry, if I did not agree for their demand, they have many times attempted to even give effect to their threatening by chasing us from the house.

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30. I submit that when I and my son were at the house on this day on 11/07/2020, my husband, Sudha and Elsa all came to me and demanded me to agree for a divorce and get out of the house, when I refused, they all joined together and assaulted me, my husband brought a Iron rod and started hitting me, my mother in law Sudha got a stone in her hand at about 11:45 am to 12:00 noon picked up quarrel with me and all started to assault me, Deepak hit me using a iron rod, Sudha hit me using a stone and Elsa started hitting me with her hands and pulled me by my hair, when my mother who is a senior citizen came to my rescue, they all started hitting her also and abused me and my mother in most indecent language, Sudha intentionally threw the stone at my mother which caused bleeding injury to my mother. In the said incident me and my mother both suffered bleeding injuries and we unable to bear the pain went to Ambedkar Medical College and Hospital, who have registered an MLC case and informed that Police will be informed and they will take action.

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Hence, I request your good self to register a criminal case against my husband & in his mother Sudha and Elsa for Demanding Dowry, domestic violence, harassment, assault and criminal intimidation & also treat the said persons as per law and get me justice.

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Deepak Ruban could also be contacted at No. 9902010179/9900933617.

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Smt. Sudha could also be contacted at No. 9972605713

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Bangalore

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Sd/Date: 11/07/2020 Lakshmi”

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The police conduct investigation and file a charge

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sheet. The summary of the charge sheet is as follows:

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ಎಡ�ಾ�ನ ೆAೆoರgOೆ ೊhೆದು ರಕ�Oಾಯ ಪD�, �ಾ�-01 ರವ.Oೆ �ೈ-ಕ>ಾ? ಮತು� _ಾನ�ಕ>ಾ? -ಂ�ೆ UೕD, ಆ�ೋ"ಗಳY 25 ಲP ರೂ ನಷು� ಹಣವನು# ತOೆದು�ೊಂಡು Aಾ ಎಂದು ವರದTೆ ಸಲು>ಾ? 0ರುಕುಳ UೕDದ dೕ�ೆOೆ ಎ-1, ಎ-2, ಎ-3, ಆ�ೋ"ಗಳ 9ರುದp dೕಲ]ಂಡ ಕಲಂ .ೕ5ಾ* 2Tಾಹ= ಅಪ�ಾಧ>ೆಸ?ರು5ಾ � ೆ .

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If the complaint which in great detail is noticed qua the husband-accused No.1 in particular, it would unmistakably emerge that it is for the husband to come out clean in a fullblown trial. Instances of overt act by the husband galore both in the complaint and in the summary of the charge sheet, all for demand of dowry, albeit prima facie . The cruelty meted out by the husband is brought out in the wound certificate appended to the charge sheet as on the date of the registration of the crime, though the injuries would indicate they are simple in nature, husband has beaten the wife.

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In the light of the said circumstance, there is no warrant of interference at this stage. It is for the petitioner to come out clean in a full-blown trial.

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