Dungar Mal, S/o. Bijaraj B. v. State, By Hulsoor Gate Women Police Station, Represented By Its SPP, High Court of Karnataka, Bangalore
2025-06-10
J.M.KHAZI
body2025
DigiLaw.ai
ORDER : (J.M. KHAZI, J.) Petitioners who are arraigned as accused Nos.2 to 5 have filed this petition under Section 482 Cr.P.C with a prayer to quash criminal proceedings initiated against them for the offences punishable and Sections 498A, 506 IPC r/w Section 3 and 4 of the Dowry Prohibition Act (for short 'DP Act'). 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. Respondent No.2/complainant filed a private complaint under Section 200 Cr.P.C against accused Nos.1 to 5 for the offences punishable under Sections 498A, 506 IPC r/w Section 3 and 4 of the DP Act. The trial Court referred the same for investigation under Section 156(3) of Cr.P.C to the police. After conducting investigation, they have filed charge sheet against accused Nos.1 to 5 for the offences punishable under Sections 498A, 506 IPC r/w Section 3 and 4 of the DP Act. 4. In the charge sheet, it is alleged that the marriage of accused No.1 and complainant took place on 21.11.2013 at Kothari Bhavan, Bengaluru. It was a second marriage for the complainant and she was a divorcee having a daughter from the first marriage. Similarly, it was a third marriage for accused No.1, having divorced his first two wives. It is alleged that at the time of marriage accused persons demanded and received dowry in the form of gold ornaments weighing 900 gms for the bride and 150 gms for accused No.1. However, after the marriage, while complainant was staying with accused Nos.1 to 5, they harassed and ill treated her saying that she has not brought sufficient dowry up to the status of accused persons. Accused Nos.2 to 4 were instigating accused No.1 to trouble the complainant so as to force her to get additional dowry. In order to see that her daughter would be happy in the matrimonial house, her father paid ?3 lakhs. 4.1 When complainant gave birth to a daughter, accused persons started troubling her more, saying that she has again given birth to a daughter and who is going to take care of her first daughter. They stopped paying school fees of the first daughter of complainant and forced to send her to the house of her parents.
4.1 When complainant gave birth to a daughter, accused persons started troubling her more, saying that she has again given birth to a daughter and who is going to take care of her first daughter. They stopped paying school fees of the first daughter of complainant and forced to send her to the house of her parents. Accused Nos.1 to 5 pushed the complainant from the top of the steps, as result of which she sustained fracture and took treatment at Vikram Hospital and the expenses were born by her parents. The accused persons were forcing the complainant to get ?2 lakhs for the business of accused No.1. 4.2 Accused No.1 was coming late in a drunken state and when questioned by complainant, he used to say that he is having an affair with one Abhilasha and she's going to help him with his business by investing money. Though father of the complainant established a separate residence for complainant and accused No.1, he stayed there for a short period. After which again started troubling and harassing the complainant. Accused persons were demanding to get a site and money and also to provide finger rings for accused Nos. 4 and 5 and they also gave life threat to the complainant. 5. In this petition, accused Nos.2 to 5 have challenged the criminal proceedings initiated against them contending that the allegations made in the complaint and the charge sheet are false. Respondent No.2 has filed the complaint with an intention to harass the petitioners and to pressurise them for her illegal demands. In order to pressurise accused No.1, unnecessarily the complainant has included the names of petitioners in the complaint. She is having an eye on the property of accused No.1 and want him to take his share and sell and invest the same in the business of her father. She also wanted accused No.1 to reside in the house of her father, separate from his parents. 5.1 Since accused Nos.2 and 3 - parents of accused No.1 are very old, he cannot leave them. Accused Nos.4 and 5 are married daughters living separately in their respective matrimonial homes. Accused Nos.2 to 5 never involved themselves in the matrimonial life of accused No.1 and complainant. The police have not made any proper investigation and mechanically filed charge sheet against accused Nos. 2 to 5.
Accused Nos.4 and 5 are married daughters living separately in their respective matrimonial homes. Accused Nos.2 to 5 never involved themselves in the matrimonial life of accused No.1 and complainant. The police have not made any proper investigation and mechanically filed charge sheet against accused Nos. 2 to 5. They have also not made any enquiry with accused Nos.2 to 5 to ascertain the truth. The continuation of criminal proceedings against accused Nos.2 to 5 would amount to abuse of the process of the Court and pray to allow the petition. 6. In support of his arguments learned counsel for accused has relied upon the following decisions: (i) Priyanka Srivastava & Anr. Vs. State of U.P & Ors.( Priyanka Srivastava ), 2015 AIR SCW 2075: 2015(6) SCC 287 . (ii) C.B.Prakash and Anr. Vs. State by Women Police, Tumakuru. ( C.B.Prakash ), Crl.P.No.6995/2022 Dt: 04.06.2024. (iii) Rajesh Chaddha Vs. State of U.P. ( Rajesh Chaddha ), SLP(Crl)Nos.2353-2354/2019. (iv) Kahkashan Kausar @ Sonam & Ors. Vs. State of Bihar and Ors.( Kahkashan Kausar ), 2022 LiveLaw (SC) 141. 7. On the other hand, learned HCGP Submitted that complainant was a divorceee having a daughter through her first marriage. Accused No.1 was also a divorcee having his earlier two marriages ended in divorce. Knowing this fact they entered into marriage with a promise to take care of the daughter of complainant from his previous marriage. At the marriage on the demand of the accused persons, gold ornaments weighing 900 gms were given to the bride and 150 gms were given to the bridegroom. Marriage was performed spending ?6,00,000/-. However, after the marriage accused persons started harassing and ill treating the complainant with a view to get additional dowry. Even though the father of complainant gave ?2 lakhs in cash, the accused persons were not happy. They wanted complainant to get a site and money. Once complainant was pushed from the upstairs by accused Nos.1 and 2, as a result of which she sustained fracture and treatment was provided by her father. 8. Though the father of complainant set up a separate residence for accused No.1 and complainant, after sometime once again, the harassment continued. Accused No.1 used to come home late in a drunken state and say that he is having an affair with Abhilasha and she's going to invest in his business.
8. Though the father of complainant set up a separate residence for accused No.1 and complainant, after sometime once again, the harassment continued. Accused No.1 used to come home late in a drunken state and say that he is having an affair with Abhilasha and she's going to invest in his business. After complainant gave birth to a daughter, the harassment increased. They refused to take care of the first daughter of complainant and she was forced to sent to her parents house. Accused Nos.4 and 5 were also forcing complainant to get them finger rings and accused persons used to force her not to disclose her plight to anyone or else she would be killed. There is prima facie material to proceed against the accused persons and pray to dismiss the petition. 9. Heard arguments and perused the record. 10. From the material placed on record, it is evident that the marriage between complainant and accused No.1 was a second marriage for the complainant and third marriage for accused No.1. Complainant was having a daughter through her first marriage. The allegations are that at the time of marriage, on the demand made by accused Nos.1 to 5, dowry in the form of gold weighing 900 gms were given to the bride and 150 gms were given to the accused No.1. Marriage was performed by spending ?6,00,000/-. However, accused persons were not happy with the same and they started demanding additional dowry. Even though the father of complainant paid ?2 lakhs for investment in the business of accused No.1, they were not satisfied. Once accused Nos.2 and 3 pushed complainant from the upstairs, as a result of which she sustained fracture to her leg and underwent treatment, but the expenses were borne by her father. Though a separate house was set up by her father and accused No.1 and complainant stayed there for sometime, the harassment did not stop. It increased after complainant gave birth to another daughter and accused persons forced the complainant to send her first daughter to her parents house. 11. It is pertinent to note that accused Nos.4 and 5 are married daughters of accused Nos.1 and 2. They were living separately in the respective matrimonial homes. They are elderly women having children.
It increased after complainant gave birth to another daughter and accused persons forced the complainant to send her first daughter to her parents house. 11. It is pertinent to note that accused Nos.4 and 5 are married daughters of accused Nos.1 and 2. They were living separately in the respective matrimonial homes. They are elderly women having children. Earlier to the present private complaint, the complainant had given a police complaint with Ulsoor police, wherein she has alleged that accused No.1 is harassing her since three years. Though they changed the residence, his harassment did not stop. He also harassed her daughter and demanding money and forcing her to leave his matrimonial home and go to her parents house. She is having two daughters and if she goes back to her parents house, who will take care of them. In this complaint, there are no allegations made against accused Nos.2 to 4. From the plain reading of this complaint, it appears the dispute is between complainant and accused No1. In response to this complaint, the concerned police have summoned accused No.1 and taken his statement in his handwriting, wherein he has alleged that complainant wanted him to set up a separate residence. Despite he had sustained loss in the business, complainant wanted to lead a luxurious life. She is forcing him to invest in the gold stock of her brother's shop and when he refused, she has chosen to file complaint etc. It appears after taking the statement of accused No.1, the police also have not proceeded with the complaint. 12. Therefore, the complainant has chosen to file a private complaint. However, in the complaint, the complainant has not stated the reasons for her to file the private complaint. Whether she made any attempt to file complaint with the concerned police and they refused to entertain the same and whether she approached the higher police officers and on their refusal, she is filing the private complaint. Of course, no such copies are attached with the complaint. There is also no verification regarding the content of the complaint to bind herself for any false averments as required in Priyanka Srivastava case. The trial Court without ascertaining these facts has referred the complaint for investigation. 13.
Of course, no such copies are attached with the complaint. There is also no verification regarding the content of the complaint to bind herself for any false averments as required in Priyanka Srivastava case. The trial Court without ascertaining these facts has referred the complaint for investigation. 13. So far as allegations that accused Nos.2 and 3 pushed her from the staircase resulting in fracture of her leg is concerned, the discharge summary of Vikram Hospital give the history of injury as self slip and fall from stairs while climbing. The allegations that accused Nos.2 and 3 pushed is conspicuously missing. If accused Nos.2 and 3 have gone to the extent of pushing her from the staircase, resulting in fracture and operation, there was no reason for complainant conceal the said fact, especially when the accused have also not taken the pain to get her treatment and according to the complainant the expenses of the treatment was borne by her father. 14. Accused Nos.2 and 3 are aged more than 70 years. Accused Nos.4 and 5 are married daughters having their families. They are living separately from complainant and accused No.1. In the light of the fact that in the earlier complaint, there are no allegations against accused Nos.2 to 4 and while taking treatment for the fracture, no allegations are made against accused Nos.2 and 3, it appears the complainant has included accused Nos.2 to 4 in the complaint in order to pressurise accused No.1 to meet her demands. It is submitted that during the pendency of the present proceedings, accused No.3 died due to cancer. In the light of above facts and circumstances, certainly, the continuation of the criminal proceedings against accused Nos.2, 4 and 5 would amount abuse the process of the Court and it is liable to be quashed and accordingly the following: ORDER (i) Petition filed by the accused No.2, 4 and 5 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings against accused Nos.2, 4 and 5 in C.C.No.25259/2018 on the file of VI ACMM, Bengaluru in Hulsoor Gate Women P.S for the offence punishable under Sections 498A, 506 of I.P.C and Section 3 and 4 of DP Act, is hereby quashed. (iii) The criminal proceedings against accused No.2 is abated. (iv) The Registry is directed to send a copy of this order to the trial court through e-mail.