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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Lokesh B.H. S/o Late Halappa B.E. – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Petitioners in Criminal Petition 8134/2024 are before this Court seeking for the following reliefs:
a. Quash the entire Criminal Proceedings initiated against the Petitioner in C.C.No.28129/2023 for the alleged offences under Section 498A, 504, 506, 307, 494 read with section 149 of IPC and Section 3 and 4 of DP Act pending on the file of the Learned XXIV Additional Chief Metropolitian Magistrate, Bengaluru.
b. Pass such other relief’s as deems fit in the facts and circumstances of the case, in the interest of Justice.
2. Petitioner in Criminal Petition 9142/2021 is before this Court seeking for the following reliefs:
a. Quash the proceedings in C.C.No.630/2019 for the offence punishable under Section 498 (A) IPC , pending on the file of the learned III Additional Civil Judge, (Jr. Divn) and JMFC Court at Shivamogga District, in the interest of justice.
FACTS IN CRL. P. 8134/2024:
3. Respondent No.2, de facto complainant, had filed a complaint on 23-08-2016 alleging that her marriage was solemnised with the Petitioner on 17-10-2010 as per Hindu customs and rituals, after which they were both living together in Bengaluru and thereafter, since her husband had job/work at Nanja
Section 498A IPC applies to both legally valid marriages and relationships masquerading as such, addressing cruelty irrespective of legal status.
Section 498A IPC extends its protective scope to relationships resembling marriage, regardless of legal validity, thereby ensuring protection against cruelty.
The court held that mere admonishment and lack of credible evidence regarding dowry demand do not satisfy the statutory definition of cruelty under Section 498-A of IPC.
Allegations under Section 498-A IPC must be specific; omnibus claims lack legal sufficiency to support prosecution.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
General and vague allegations do not support criminal charges under dowry laws; specific claims must merit trial while protecting against misuse of legal provisions.
Vague allegations in a domestic abuse case do not meet the legal threshold for prosecuting relatives under IPC Section 498A, requiring specific instances of cruelty.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
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