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KARNATAKA HIGH COURT
Sreenivas Harish Kumar, J.
Pradeep Moparthy and Ors. – Petitioners
versus
State of Karnataka and Anr. – Respondents
Criminal Petition No.2860 of 2021
Decided on 15.12.2021
Counsel for the Parties:
For the Petitioners:Sri. Arjun Rego, Advocate
For the Respondent No.1: Sri. Rohith B.J., HCGP
IMPORTANT POINT
While deciding petition under Section 482 of Cr.P.C., evidence cannot be appreciated as it lies within domain of Trial Court.
Headnote:
Indian Penal Code, 1860 – Sections 323, 504, 506 and 498-A read with Section 34 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Criminal Procedure Code, 1973 – Section 482 – Dowry offence – On certain allegations that petitioners subjected 2nd respondent to harassment in connection with demand for dowry, FIR was registered – Investigation was taken up and now charge-sheet has been filed – Though under Section 482 of Cr.P.C. charge-sheet can be quashed, said jurisdiction cannot be invoked for quashing charge-sheet by appreciating evidence – While deciding petition under Section 482 of Cr.P.C., evidence cannot be appreciated as it lies within domain of Trial Court – Petition dismissed. (Paras 4 and 6)
Result: Petition dismissed.
ORDER
Sreenivas Harish Kumar, J.—Heard Sri. Arjun Rego, learned counsel for the petitioners.
2. This petition is filed under Section 482 of Cr.P.C. for quashing the charge sheet in C.C.No.53398/2020 on the file of the 10th ACMM, Bengaluru.
3. The petitioners have been prosecuted in relation to offences punishable under sections 323, 504, 506 and 498-A of IPC and sections 3 and 4 of the Dowry Prohibition Act r/w section 34 of IPC.
4. The 1st petitioner is the husband of 2nd respondent. Their marriage was performed on 05.09.2015 in Hyderabad. On certain allegations that the petitioners subjected the 2nd respondent to harassment in connection with demand for dowry, FIR was registered. Investigation was taken up and now charge sheet has been filed.
5. Learned counsel for the petitioners submits that if the entire charge sheet which is based on statements of witnesses is considered, it can be said that no offence against the petitioners is made out.
6. Though under Section 482 of Cr.P.C. charge sheet can be quashed, the said jurisdiction cannot be invoked for quashing the charge sheet by appreciating the evidence. It is a settled principle that while deciding the petition under Section 482 of Cr.P.C., evidence cannot be appreciated as it lies within the domain of the Trial Court.
In this view, I do not find any ground to entertain this petition. Accordingly, the petition is dismissed. Consequently, I.A.1/2021 also stands disposed of. Petition dismissed.
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