THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4388 OF 2023

O R D E R:

The present Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.3 to 5, 7 to 10 in C.C.No.247 of 2022 on the file of the learned Judicial Magistrate of First Class, at Khanapur for the offences punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.

2. Heard Mr.D.Rama Krishna, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State. Perused the record.

3. The brief facts of the case are that the marriage between respondent No.2 and one Sayyad Hussain was performed on 28.04.2019; that at the time of marriage, parents of respondent No.2 presented an amount of Rs.1,50,000/-, 8½ Thulas of Gold, one motor Cycle and other house hold articles towards dowry to her husband. The couple were blessed with twins during their wedlock. On 20.08.2022 respondent No.2, filed a complaint against her husband and the petitioners herein stating that her husband and relatives of husband subjected her to cruelty and harassment for want of additional dowry of Rs.5,00,000/-. She further stated that she has put forth her grievance before the villagers elders and waited for some time to see that her husband would change his attitude and take herself and her children to the matrimonial home, due to which, delay had occurred in filing the present complaint.

4. Learned counsel for the petitioners submitted that petitioner Nos.1, 3, 4 are sister-in-law’s of respondent No.2; that petitioner Nos.2 and 5 are the brother-in-laws of accused No.1; that petitioner No.6 is the elder brother of accused No.1 and petitioner No.7 is the wife of petitioner No.6. Relying on the decisions passed by the Hon’ble Supreme Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Others, 2022 Law Suit (SC) 149 K.Subba Rao Vs. The State of Telangana, (2018) 14 SCC 452 and Kailashben Mahendrabhai Patel & Ors. Vs. State of Maharashtra & another³, he submits that relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Stating thus, he seeks to allow the Criminal Petition.

3 Criminal Appeal No.4003/2024 Arising Out of SLP (CRL) No.4044 of 2018

5. Learned Assistant Public Prosecutor contends that the matter requires full-fledged trial and seeks to dismiss the Criminal Petition.

6. Having regard to the submissions of both the learned counsel and relying on the decisions cited (supra 1 to 3) and the decisions passed by the Hon’ble Supreme Court in Dara Lakshmi Narayana and Others Vs. State of Telangana and another, 2024 SCC On Line SC 3682 and Geeta Mehrotra and another Vs. State of Uttar Pradesh and another5, this Court is of the opinion that general allegations are leveled against the petitioners herein and no specific and distinct allegations are made out against them. In the absence of any specific role attributed to petitioners herein it would be unjust if they are forced to go through the tribulations of the trial. Therefore, this Court is inclined to allow the Criminal Petition by quashing the proceedings in so far as petitioners/accused Nos.3 to 5, 7 to 10 are concerned in C.C.No.247 of 2022 on the file of the learned Judicial Magistrate of First Class, at Khanapur.

7. Accordingly, the Criminal Petition is allowed.

5 [2012] 9 S.C.R. 641

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 11.04.2025

ESP

THE HON’BLE SRI JUSTICE E.V. VENUGOPAL

3322 CRIMINAL PETITION No.4388 OF 2023 Dated: 11.04.2025

ESP