: 1 :

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF AUGUST 2019

BEFORE

THE HON’BLE MR. JUSTICE K. SOMASHEKAR

CRL.P NO 101563 OF 2019

BETWEEN

1.

MOHAMMAD RAFIQ

HUSEN BASHA NAVADAGI,

AGE: 29 YEARS,

OCC: BUSINESS,

R/O: GIRANI CHAWL,

SANGOLLI RAYANNA NAGAR,

DHARWAD-580002.

2.

HUSEN BASHA NAVADAGI,

AGE: 55 YEARS,

OCC: GOVT. EMPLOYEE IN

NMPT LABOR QUARTERS,

NEAR DEEPAK PETROL PUMP,

PANAMBUR,DIST: MANGALURU.

PIN-606108.

3.

HASEENA BEGUM W/O HUSEN BASHA,

AGE: 50 YEARS,

OCC: HOUSEHOLD

NMPT LABOR QUARTERS,

NEAR DEEPAK PETROL PUMP,

PANAMBUR,

DIST: MANGALURU.

PIN-606108.

4.

FARIDA NAVADAGI

D/O SUSEN BASHA NAVADAGI

AGE: 28 YEARS,

OCC: HOUSEHOLD,

NMPT LABOR QUARTERS,

NEAR DEEPAK PETROL PUMP,

PANAMBUR,

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DIST: MANGALURU.

PIN-606108.

... PETITIONERS

(BY SRI.VIJAY M MALALI, ADV.)

AND

1.

STATE OF KARNATAKA,

THROUGH HUBBALLI-DHARWAD WOMEN PS,

REP. BY SPP,

HIGH COURT OF KARNATAKA,

BENCH DHARWAD-580011.

2.

SMT.MEHATAB W/O MOHAMMED RAFIQ

NAVADAGI,

AGE: 25 YAERS,OCC: HOUSE HOLD,

R/O: C/O AKBAR ALI D MAKANDAR MASTAR,

TOL NAKA, JANNAT NAGAR,

5TH CROSS, NEAR FAROOKIA MASZID,

DHARWAD-58004.

... RESPONDENTS

(BY SRI.PRAVEEN K UPPAR, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF

CR.P.C. SEEKING TO QUASH THE PROCEEDINGS IN

C.C.NO.193/2019

FOR

THE

OFFENCE

PUNISHABLE

UNDER SECTIONS 498-A, 323, 504, 506 AND 34 OF

IPC AND SEC. 3 & 4 OF THE DOWRY PROHIBITION ACT,

PENDING ON THE FILE OF THE II-ADDL. CIVIL JUDGE &

JMFC II-COURT, DHARWAD.

THIS PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

In

this

petition

seeking

quashing

the

entire proceeding initiated against the accused

in C.C.No.193/2019 for the offence punishable

under Sections 498(A), 323, 504,506 and 34 of

IPC and Section 3 and 4 of Dowry Prohibition

Act,1961 pending on the file of II Addl. Civil

Judge and JMFC II, Dharwad.

2.

The brief facts of the petition are as

under

Marriage of the petitioner No.1 namely

Mohammad

Rafiq

and

respondent

No.2

Smt.Mehatab was performed on 18.05.2016 as

per the customs prevailing in their society.

During the marriage of respondent No.2, her

parents had given household articles and gold

items,

in

all

worth

of

Rs.4,50,000/-.

Subsequent to her marriage with petitioner

No.1, she had lead happy married life for a

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period of 1 ½ years. Petitioner Nos. 2 to 4

herein were went to Mangalore. Petitioner No.2

is the government servant. But in the month of

July-2016, father of respondent No.2 retired

from

Government

service

and

got

Rs.12,00,000/-

retiremental

benefits.

Petitioner

No.1,

who

being

husband

of

respondent

No.2

demanded

Rs.6,00,000/-

from her parents, for his business purpose, but

the parents of respondent No.2 refuse to give

amount to him. Subsequent to refusal of his

demand,

petitioner

No.1

started

to

give

physical and mental harassment to respondent

No.2 and there were some altercation was also

taken among themselves. But on 28.12.2017,

respondent No.2 herein, who had given a

complaint

before

Hubballi-Dharwad

Women

Police Station and based upon her complaint,

P.C.No.37/2018,

as

Annexure-A,

for

the

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offence punishable under Sections 498(A), 504,

506 R/w. 34 of IPC besides Section 6 of the

Dowry

Prohibition

Act,

1961

came

to

be

registered. The said private complaint filed by

her has been referred under Section 156(3) of

Cr.P.C.

to

Hubballi-Dharwad

Women

Police

Station

for

the

aforesaid

offences

and

Investigating Officer has submitting a report,

accordingly, case under CC.No.193/2019 came

to be registered for the aforesaid offences.

3.

Subsequent

to

registration

of

the

crime

against

the

accused,

Investigating

Officer has taken up for investigation and laid

the

charge

sheet

against

the