- 1 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200873 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHAHIN BEGUM W/O ALLAFAZAL RANJANAGI, AGED ABOUT 28 YEARS, OCC: HOUSEHOLD, R/O JAMIYA MASJID, NALWAR, TQ: CHITTAPUR. 2. JAMEER PATIL S/O ALLA PATEL HOSAMANI, AGED ABOUT 24 YEARS, OCC: COOLIE, R/O TIPPU NAGAR, TALIKOTI, DIST: VIJAYAPUR. 3. HANEEFA BEGUM W/O DASTGIR PATEL, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD, R/O SAIDAPUR, DIST: YADGIRI. 4. AMEEN PATEL S/O ALLA PATEL, AGED ABOUT 73 YEARS, OCC: BUSINESS, R/O TIPPU NAGAR, TALIKOTI, DIST: VIJAYAPUR. …PETITIONERS (BY SRI G. G. CHAGASHETTI, ADVOCATE) AND: 1. THE STATE THROUGH, WADI PS, REPRESENTED BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, KALABURAGI-585101. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 2. BABAN BEE W/O LATE SULEMAN PATEL, NOW W/O DASTGEER SAB GUTTEDAR, (SECOND MARRIAGE), AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O TIPPU NAGAR, TALIKOTI, AT PRESENT R/O KUNNUR, TQ: AND DIST: KALABURAGI-585102. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI RAMACHANDRA K., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE CHARGE SHEET NO.150/2021 DATED 06.12.2021 FILED BY THE WADI PS, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 READ WITH SECTION 34 OF IPC, CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN CC NO.478/2022, PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC AT SHAHABAD. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal. - 3 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 2. This petition is filed by the accused to quash the charge sheet in Crime No.150/2021, registered by the Wadi Police Station, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC. 3. It is the case of the prosecution that respondent No.2 was the wife of late Suleman Patel. The said Suleman Patel died on 21.09.2020 in the road accident. Thereafter, she started residing in the house of her parents’ house. There were some allegations made against the petitioners that they were harassing her in one or the other pretext. Further, she has stated in her complaint that, on 02.10.2021 at about 10-00 a.m. all the petitioners had been to the house of her parents and when they were talking with each other, the maternal uncle of the complainant asked the petitioners to take her back to the matrimonial home. By the time, all the petitioners had assaulted the complainant and also abused her by using filthy language. Therefore, a complaint came to be registered before the jurisdictional police. The - 4 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 jurisdictional police have registered the case in Crime No.150/2021 for the offences stated supra. After conducting the investigation, they have submitted the charge sheet. 4. Heard Sri G. G. Chagashetti, learned counsel for the petitioners and Sri Gopalkrishna B. Yadav, learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioners that the allegations made against the petitioners are baseless, bald and omnibus in nature. From the date of death of the husband of the complainant, the complainant started residing with her parents. No allegations were made prior to the death of her husband. The complainant intentionally filed a complaint only in order to harass the petitioners. 6. It is further submitted that on reading the entire charge sheet averments, no case is made out against the petitioners in respect of the offences mentioned in the charge sheet. Though the investigating - 5 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 officer conducted the investigation in respect of the offence under Section 323 of IPC, no wound certificate is produced to substantiate the said provision. Since the averments of the charge sheet do not disclose case against the petitioners, asking them to face the trial would be an abuse of process of law and also it is a futile exercise. Therefore, the petition may be allowed and the charge sheet has to be quashed. 7. To substantiate his arguments, he relied on the judgment of the Hon’ble Supreme Court in the case of Kahkashan Kausar and Others v. State of Bihar and Others, reported (2022) 6 SCC 599. 8. Per contra, learned High Court Government Pleader vehemently justified the registration of the FIR and filing of the charge sheet. He further submitted that the investigating officer had conducted the investigation and submitted the charge sheet. The averments of the complaint and also averments of the charge sheet are required to be dealt with in a trial. At this stage, it would - 6 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 not be appropriate to quash the proceedings when there are serious allegations are made out against the petitioners. Making such submissions, he prays to dismiss the petition. 9. Having heard the learned counsel for the respective parties, it is appropriate to extract the relevant paragraphs of the judgment of the Hon’ble Supreme Court in the case of Kahkashan Kausar supra, which read as under: “13. Previously, in the landmark judgment of this Court in Arnesh Kumar v. State of Bihar [Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 : (2014) 3 SCC (Cri) 449] , it was also observed : (SCC p. 276, para 4) “4. There is a phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-AIPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-AIPC is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons - 7 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bedridden grandfathers and grandmothers of the husbands, their sisters living abroad for decades are arrested.” 14. Further in Preeti Gupta v. State of Jharkhand [Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667 : (2010) 3 SCC (Cri) 473] , it has also been observed : (SCC pp. 676-77, paras 32-36) “32. It is a matter of common experience that most of these complaints under Section 498- AIPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern. “33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble - 8 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 profession must maintain its noble traditions and should treat every complaint under Section 498- A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fibre, peace and tranquillity of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualised by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations. 35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a Herculean task in majority of these complaints. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations - 9 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinised with great care and circumspection. 36. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of an amicable settlement altogether. The process of suffering is extremely long and painful.” 16. Recently, in K. Subba Rao v. State of Telangana [K. Subba Rao v. State of Telangana, (2018) 14 SCC 452 : (2019) 1 SCC (Cri) 605] , it was also observed that : (SCC p. 454, para 6) “6. … The courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The 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.” - 10 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 10. On careful reading of the dictum of the Hon’ble Supreme Court, it makes clear that the roping the in-laws in a criminal case with a malafide intention, has to be viewed leniently if there are bald and baseless allegations found in the averments of the charge sheet. 11. In the present case, the respondent No.2 after death of her husband, started residing with her parents. Though she had made several allegations against the petitioners, the entire allegations are omnibus in nature and even if the said allegations are subjected for trial, in my considered opinion the possibility of being convicted is very bleak. Therefore, I am of the considered opinion that the petitioners have made out a case to quash the proceedings. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The Charge Sheet in Crime No.150/2021 dated 06.12.2021 registered by the Wadi Police Station for the offences punishable under - 11 - NC: 2025:KHC-K:1486 CRL.P No. 200873 of 2024 Sections 498A, 323, 504, 506 read with Section 149 of IPC and the entire proceedings in C.C.No.478/2022, pending on the file of the Civil Judge and JMFC Court, Shahabad are quashed. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 19 CT:PK