HC: 498A filed with oblique motive to harass husband and his parrent and hence quashed

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA

DATED THIS THE 06T11 1)AY OF JUNE 201 1
BEFORE
THE HONBLE MR.JUSTICE K.SREEDHAR AO
CRIMINAL PETITION NO.15356/2011
BETWEEN:
1. SANTOSH Sb KALLLPPA FALASKAR AGE:37 YEARS.
2. KALLAPPA Sb. AGE:67 YEARS.
3. KRISHNABAI W/O KALLAPPA AGE:(30 YEARS.
4. PAJ U S/O KALLAPPA AGE:35 YEARS.
ALL RIG NAGSHE1T KOPPA
KESHAVPUPA. HUBLI
DIST: DHARWAD.
PETITIONERS
BY SRI.SACHIN M MAHAJAN, ADV.)
AND
1.  ThE STATE OF KARNATAKA ANR
BY SADAR BAZAR POLICE STATION
RAICHUR THROUGH ITS PSI

R/BY ThE SPP, HONBLE HIGIl COURT OF KARNATAKA CIRCUIT BENCH, GULBARGA
2. SMT.SR1DEVI W/O SANTOSI-I KALASKAR
AGE: 28 YEARS.
RIO : H.NO.3-7-23. BEROON KI-JILLA
RAICHUR.
RESPONDENTS
(BY SRLSUBHASH.MALLAPUR, HCGP)
ThIS CRLP IS Filed U/S. 482 OF CR.P.C BY THE
ADVOCATE FOR ThE PETITIONERS PRAYiNG THAT ThIS
HONBLE COURT MAY BE PLEASED 10, CALL FOR ThE
RECORDS AND QUASH THE CHP.RGE SHEET DATED
22.02.2010 FILED BY THE SADAR BAZAR POLICE STATION
AT RAICHUR AGAINST THE PETITIONERS HEREIN FOR
ThE ALLEGED OCFENCES P/L1/S. 498(A). 504. 506(2) R/W
SEC. 34 OF IPC AND SECTIONS 3 & 4 OF THE DOWRY
PROHIBiTION ACT. 1961 AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS IN C.C. NO. 1444/2010
PENDING ON THE FILE OF THE J.M.F.C.-II AT RAICHUR.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE ThE FOLLOWING:
ORDER
One Srnt.Sridevi CW- 1, is the wife of petitioner No.1. Petitioner Nos.2 and 3 are the parents of ptitioner No.1. Petitioner No.4 is the brother of Petitioner No.1. The Petitioner No.1 and CW- 1 were married on 17.04.2000. The family disputes arose. It is

the case of CW- 1 that the petitioner started abusing CW- I to bring additional dowry from her parents and she was subjected to cruelty and harassment by the petitioner No.1, CW— I unable to bring additioiai dowry, left her matrimonial home and lived with her parents.
2. The CW- I says that, she was no aware of the
petition filed in Conjugal Rights and petition for divorce. The CW- 1 had filed a case for seeking maintenance before the Family Court, Raichur on 11.08.2009 and
18.08.2009. When she attended to Family Court at Raichur, the 1st petitioner along with his friends abused CW- 1 and threatened with dire consequences. if CW- 1 does not wlthdravrn the maintenance case. CW- 1 aggrieved by criminal conduct filed a private complaint under Section 200, J.M.F.C. Raichur who referred the complaint to police. The case is registered. A charge sheet Is filed for the offence punishable under Sections 498A, 504. 506. 34 IPC and Section 3 and 4 of D.P Act.

2. The Counsel for the petitioners strenuously submitted that, the complaint flied by CW- 1 is only counter blast. The petitioner No. I in fact has tiled petition seeking constitute conjugal rights The said petition was allowed. The CW- 1 refused to cohabit with petitioner No. 1.
3. The petitioner No. 1 later on filed a petition seeking divorce on the ground of desertion. In the said petition. CW- I s exparte, the divorce petition is allowed. The petitioner thus contends that, the case is registered agaiist them Ofl tile instant of CW— I is false and a concocted version
4. The counsel appearing for the petitioner submits that, there are two instance of cruelty alleged. The first instance of cruelty, that all the petitioners some time after the marriage started harassing ew- 1 to get more dowry. The said complaint does riot refer to nature, overt acts and date and time of the overt acts.

The complaint refers to a latest of criminal acts on the part of petitioner No. 1 and his friends. It is said tnat on 11.08.2009 and 18.08.2009. when CW-1 came tO the Family Court., petitioner No.1 and his fritd threaten and tire consequence and directed her to withdraw her petition filed by her.

5. In respect of 2T’ld instance, the allegation is only against petitioner No. 1. There is no allegation against the pctitioner Nos.2 to 4. In the further statement. CW- I states thai she does not know who the friend were. Petitioier No.1 threatened her with dire consequence at tne Family Court Raichur. In respect of 1 instance, the allegations are vague. The CW– 1 has not stated why she has not filed complaint immediately alleging cruelty and dowry harassment at the earliest. The conduct of CW- 1 in filing the complaint after grant of divorce suggests dubious intention on the part of CW- 1. The averment in the complaint discloses that CW- 1 was aware of petition filed for conjugal rights and petition for divorce. CW- I could have contested the said case and prove her theory. The facts reveal that, the petitioner No.1 is paying maintenance to CW- I and the said case is still pending. In the context of the facts stat.ed above, it is inferable that the ‘ornpIaint is gi cii with oblique motive oniy to harass the’ accuscd.In that view, the proceedings in C.C No. 144/2010 on the file of J.M.F.C lind Court at Raichur, are quashed.

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