IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103156 OF 2024 (482(CR.PC)/528(BNSS))

BETWEEN:

1. SMT. SHANTAMMA W/O DURAGAPPA MAILAR, AGE: 70 YEARS, OCC: HOUSEWIFE, R/O: SHIVALING NAGAR, 1^ST CROSS, TQ: AND DIST: HAVERI-581 110.

2. NAGARAJ S/O DURGAPPA MAILAR, AGE: 41 YEARS, OCC: BUSINESS, R/O: SHIVALING NAGAR, 1^ST CROSS, TQ: AND DIST: HAVERI-581 110.

3. SMT. SHAKUNTALA @ PUSHPA W/O SANNAGUDDAPPA MAYAPPANAVAR, Digitally signed by MOHANKUMAR B R/O: 1^ST CROSS, MARUTI NAGAR, SHELAR Location: HIGH MOHANKUMAR COURT OF TQ: RANEBENNUR, DIST: HAVERI-581 115.

B SHELAR KARNATAKA DHARWAD BENCH … PETITIONERS Date: 2025.01.10 12:40:21 +0530 (BY SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH HAVERI WOMAN POLICE STATION, R/BY IT’S STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 01.

2. SMT. KAVITA W/O TIPPESHKUMAR MAILAR, AGE: 39 YEARS, OCC: HOUSEWIFE, R/O: SHIVALING NAGAR, HAVERI, NOW RESIDNG AT: RANEBENNUR, DIST: HAVERI-581 115.

…RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;

SRI. T. BASAVANAGOUDA, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C.

(U/S. 528 OF BNSS, 2023) PRAYING TO CALL FOR THE RECORDS, ALLOW THIS PETITION AND QUASH THE FIR IN CRIME NO.45/2024 DATED 08.07.2024 REGISTERED BY HAVERI WOMEN P.S., FOR OFFENCES SEC 498A, 323, 504, 506 R/W SEC. 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, WITH RESPECT TO PETITIONERS NO.1 TO 3 HEREIN/ACCUSED NO.2 TO 4.

THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

1. The petitioners, accused Nos.2 to 4, challenge the registration of the FIR in Crime No.45/2024 with Haveri Women Police Station for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act.

2. The second respondent lodged the FIR stating that she is the legally wedded wife of accused No.1 and that their marriage was solemnized in 2013. Two children were born out of the wedlock. She resided in the matrimonial home in Haveri, while her husband, accused No.1, worked in Raichur and visited the matrimonial home as and when convenient. Subsequently, when accused No.1 was transferred to Dandeli, the second respondent began residing with him there. During their stay in Dandeli, accused No.1 allegedly harassed her physically and mentally and demanded money from her parental home.

3. Later, the couple shifted back to Haveri. During her stay in Haveri, the second respondent alleged that accused No.1 (her husband), accused No.2 (mother-in-law), accused No.3 (brother-in-law), and accused No.4 (sister-in-law) harassed her physically and mentally and demanded money from her parental home. She alleged that on 24.06.2023, she was forced to leave the matrimonial home and has been residing in Byadgi since then. Further, she claimed that on 07.06.2024, when she went to the matrimonial home in Haveri to visit her children, the accused abused her and assaulted her.

4. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1-

State, and the learned counsel for respondent No.2 (informant).

5. As per the averments in the complaint, the second respondent left the matrimonial home on 24.06.2023. Admittedly, accused No.1 had already filed a petition for the dissolution of marriage on 30.06.2023. The impugned FIR was lodged on 08.07.2024, more than a year after the second respondent claimed to have left the matrimonial home.

6. While the allegations against accused No.1 are specific in nature, relating to physical and mental harassment and the demand for money, the allegations against the petitioners (accused Nos.2 to 4) are general and omnibus in nature. There are no specific overt acts attributed to accused Nos.2