Crl.P.3563/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY 2021

BEFORE

THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION No.3563 OF 2021

BETWEEN:

1.

GANESH

S/O THIMMA SHETTY,

AGED ABOUT 55 YEARS,

2.

RATHNAMMA, W/O GANESH,

AGED ABOUT 51 YEARS,

3.

VARALAKSHMI, D/O GANESH,

AGED ABOUT 22 YEARS,

ALL ARE RESIDING AT

SHIVAPURA VILLAGE, CHALDIGANAHALLI POST,

KASABA HOBLI, SRINIVASAPURA TALUK,

KOLAR DISTRICT - 563135.

... PETITIONERS

(BY SRI ANAND.R.V., ADV.)

AND:

1.

STATE OF KARNATAKA

BY BASAVANAGUDI,

WOMEN POLICE STATION,

BENGALURU CITY, BENGALURU - 560070.

REP. BY STATE PUBLIC PROSECUTOR

OFFICE ATTACHED TO

HIGH COURT BUILDING,

BENGALURU - 560001.

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2.

NETHARAVATHI.M. (GAGANA)

W/O VARAPRASAD,

D/O MADHUKUMAR. G.,

NO.11, MANJUNATHA COLONY,

BESIDE OF BBMP OFFICE,

OPPOSITE SSM SCHOOL,

THYAGARAJA NAGAR,

BENGALURU - 560028.

... RESPONDENTS

(BY SMT. RASHMI JADHAV, HCGP FOR R1,

SRI. T.S.GURUNATH, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS

INITIATED IN C.C.NO.3369/2021 ON THE FILE OF THE XXXVII

A.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A, 354, 506

OF IPC AND SEC.3, 4 OF D.P. ACT AGAINST THE PETITIONERS.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION,

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel for the petitioners,

learned HCGP for the first respondent and also learned

counsel for the second respondent-complainant.

2. The petitioners are accused Nos.2 to 4 in

C.C.No.3369/2021 which is pending on the file of XXXVII

Additional C.M.M., Bangalore, for the offences punishable

under Sections 498A, 354, 506 of IPC and Sections 3 and

4 of the Dowry Prohibition Act, 1961. The petitioners

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have filed this petition with a prayer to quash the entire

proceedings in the said case.

3. Brief facts of the case that would be relevant for

the purpose of disposal of this petition are:

On the complaint of the second respondent dated

02.12.2020, the Basavanagudi Women Police have

registered a FIR in Crime No.131/2020 against accused

No.1 Varaparasad and the petitioners herein. Petitioner

Nos.1 and 2 are the parents of the first accused

Varaprasad and petitioner No.3 is the younger sister of

the first accused. In the complaint it is averred that the

marriage

of

the

first

petitioner

with

the

second

respondent was solemnized on 07.02.2019. It is alleged

in the complaint that the entire marriage expenses were

incurred by the parents of the complainant and at the

time of marriage, gold and silver articles were also

presented to the first accused by the parents of the

complainant. She has stated that they had spent nearly

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a sum of Rs.23 lakhs for the purpose of marriage. After

the marriage, the first accused and the complainant were

residing in the matrimonial house situated at Shivapura

village, Srinivasapura taluk, Kolar district. For a couple

of days, the complainant was looked after properly,

thereafterwards, the husband and the in-laws started

harassing and abusing the complainant and they were

also demanding additional money towards dowry. It is

alleged that the third petitioner herein was teasing the

complainant whenever she wears any new cloths. It is

also alleged that the third petitioner herein was

instigating the first accused and the first accused used to

assault the complainant. It is alleged that on 22.08.2019,

the first petitioner herein, who is the father-in-law of the

complainant, pulled her and asked her to sit on his cot.

The complainant resisted the said act of the first

petitioner and informed the same to her husband and

mother-in-law, but they did not support her. She has

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further averred in the complaint that even on petty

issues, all the accused persons used