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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J.
Mr.Mohammed Shameer S/o Mohammed Muneer – Appellant
Versus
State Of Karnataka By Women Police Station – Respondent
Criminal Petition No.521 of 2022
Decided on : 10-05-2022
Constitution of India, 1950 – Article 226 – Criminal Procedure Code,1973 –482, 156(1), 155(2) – Civil Procedure Code, 1908 – Order 39 Rule 3(a) – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Indian Penal Code, 1980 – Sections 506, 498A, 504, 307, 313, 323, 354, 114, 34 –Quash of criminal Proceeding – Whether allegations made against in-laws Appellants are in nature of general omnibus allegations and therefore liable to be quashed? – Whether to pass any order in the interests of justice – Para 14.
Finding of the court – Court reiterate that when criminal court looks into complaint, it has to do so with an open mind – True it is that that is not stage for finding out truth or otherwise in allegations; but where allegations themselves are so absurd that no reasonable man would accept same, High Court could not have thrown its arms in air and expressed its inability to do anything in the matter – guarantee against injustice – High Court is invested with tremendous powers thereunder to pass any order in interests of justice – Therefore, this would have been a proper case for High Court to look into allegations with openness and then to decide whether to pass any order in the interests of justice.
Results: Criminal Petition is allowed.
ORDER :
The petitioners in the subject petition call in question proceedings in C.C.No.3121 of 2021 pending on the file of the II Additional Senior Civil Judge and JMFC, Davangere arising out of Crime No.112 of 2021 registered for offences punishable under Sections 506, 498A, 504, 307, 313, 323, 354, 114 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Brief facts as projected by the prosecution are as follows:-
Before embarking upon consideration of the facts in the case it is appropriate to notice the relationship between the protagonists in the alleged episode of crime. 2nd respondent is the complainant and 1st petitioner/accused No.1 is her husband; 2nd petitioner/accused No.2 is her father-in-law; 3rd petitioner/accused No.3 is her mother-in-law; 4th petitioner/accused No.4 is the grand-mother of the petitioner/husband; 5th petitioner/ accused No.5 is the brother of the 1st petitioner; 6th petitioner/ accused No.6 is the sister-in-law; 7th petitioner/accused No.7 is sister-in-law’s husband and 8th petitioner/accused No.8 is a distant relative of petitioner No.1.
3. The 1st petitioner and the complainant got married on 24-10-2020. The relationship of the complainant and the 1st petitioner gets irrevocably strained. A complaint was lodged by the 2nd petitioner herein against alleging harassment being caused by the complainant while residing in the house of in-laws before the Vidyanagar Police, Davangere. This was treated as a non-cognizable case and thereto NCR No.137 of 2020 was registered on 12-12-2020, after which, it appears that the complainant moves away from the matrimonial house and began to reside in her parents’ house. On 08-03-2021 the complainant causes a legal notice against the petitioners alleging several instances of harassment meted out to her by the petitioners. This is replied to by the petitioners on 15.03.2021.
4. Things standing thus, apprehending threat from the hands of the complainant, the 1st petitioner/husband files O.S. No.125 of 2021 seeking restraint against the 2nd respondent/complainant in interfering with the affairs in the house of the petitioners. The trial Court grants an ad-interim injunction in the said civil suit by its order dated 20-03-2021. After which, the st petitioner files another suit for divorce in O.S.No.223 of 2021 before the Principal Civil Judge and JMFC at Chitradurga. The said suit is filed on 18-06-2021.
5. After the aforesaid proceedings, the complainant/2nd respondent registers the impugned complaint, pursuant to which, a FIR is registered in Crime No.112 of 2021 for offences punishable under Sections 506, 498A, 504, 307, 313, 323, 354, 114 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Police after investigation filed a charge sheet on 10-12-2021 for the offences punishable under Sections 506, 498A, 504,307, 313, 323, 354, 114 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The learned Magistrate takes cognizance of the aforesaid offences on 23-12-2021. It is at that juncture the petitioners have knocked the doors of this Court in the subject criminal petition.
6. Heard the learned senior counsel Mr. Hashmath Pasha appearing for the petitioners and Sri B.J.Rohith, learned High Court Government representing the 1st respondent/State. The 2nd respondent/complainant is served and unrepresented.
7. The learned senior counsel would contend that the relationship between the husband and the wife turned sore within few weeks after marriage. Incompatibility between the two became irrevocable and in that light several proceedings are instituted by the husband against the wife and the wife causing notices against the husband and his family members. After the husband initiating proceedings -one suit seeking restraint of entry of the complainant into the house of the petitioners and the other suit for divorce are filed and as a counter-blast, the wife registers a complaint against all the members of th
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