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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Sushma J.M., W/o Late K.M. Madhusudhan – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash proceedings. (Para 2) |
| 2. charges and background of the case. (Para 3 , 4 , 5 , 6) |
ORDER :
S.R.KRISHNA KUMAR, J.
In this petition, the petitioner has sought for the following relief:
"WHEREFORE the petitioner most humbly prays that this Hon'ble Court may be pleased to quash the entire proceedings qua the petitioner in S.C.NO.114/2024 in crime No.18/2024 by Shravanabelagola police, pending on the file of IV addl district & Sessions judge at Hassan, sitting at Channarayapatna for the offence under section 498A, 304B, 504, 323 & 109 of IPC R/w section 3, 4 & 6 of DP act in the interest of justice and equity."
2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate that respondent No.2/defacto-complainant is the father of one Surabhi, who is said to have expired on 22.02.2024. It is an undisputed fact and material on record that respondent No.2 was the father of the deceased Surabhi whose husband was one Darshan and Vasu and Sujatha were her father-in-law and mother-in-law respectively. On 22.02.2
The court ruled that a girlfriend is not a relative under IPC Section 498A, thus cannot be prosecuted for offenses related to dowry harassment.
The court clarified that non-family members, such as a girlfriend, cannot be prosecuted under IPC provisions for dowry harassment, emphasizing strict interpretation of 'relative' in relation to dowry....
Only individuals defined as 'relatives' under Section 498A IPC can be charged; a non-relative cannot be held liable for offences under this section.
The wife of a brother is considered a 'relative' under Section 498A of the IPC, and allegations of body shaming do not constitute cruelty as defined by law.
The term 'relative' under Section 498A of IPC includes spouses of siblings residing at the matrimonial home, and body shaming does not constitute cruelty unless it poses a serious threat to the woman....
The court emphasized the principles of quashing criminal proceedings under Section 482 Cr.P.C. and cited relevant case laws to support its decision to quash the proceedings in the present case.
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