- 1 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200958 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI BASAGONDA NINGAPP JAGADAL S/O NINGAPP JAGADAL, AGED ABOUT 65 YEARS, R/AT WARD NO.7B, P.NO.16, SY.NO.956 E, BHAGYA NAGAR, NEAR BAGALI LAYOUT, SAI PARK, VIJAYAPUR-586 101. 2. SHASHIKALA BASAGONDA JAGADAL W/O BASANGOND JAGADAL, AGED ABOUT 48 YEARS, R/AT WARD NO.7B, P.NO.16, SY.NO.956 E, BHAGYA NAGAR, NEAR BAGALI LAYOUT, SAI PARK, VIJAYAPUR-586 101. 3. SHRUTI RAJAKUMAR UNNIBHAVI W/O RAJAKUMAR UNNIBHAVI, AGED ABOUT 30 YEARS, R/AT 60A, HOUSE NO.1-235, HATTARKIHAL, BASAVAN BAGEWADI-586 122. …PETITIONERS (BY SRI S. H. YADAWAD, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 AND: 1. STATE OF KARNATAKA, THROUGH WOMEN PS, VIJAYAPURA, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585 103. 2. SMT. MAITRA JAGADAL W/O VINOD JAGADAL, AGED ABOUT 29 YEARS, R/AT HOUSE NEAR HASANDONGRI DARGAH, BILAGI CROSS, BILAGI-587 116, TQ. BAGALKOT. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI ANILKUMAR NAVADAGI, ADVOCATE FOR SRI BABU H. METAGUDDA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE FIR AND COMPLAINT IN VIJAYAPURA WOMEN POLICE STATION CRIME NO.53/2024, REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504 506 R/W SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, PENDING ON THE FILE OF THE 4TH ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, BIJAPUR, VIDE ANNEXURE-A AND B. B) ANY OTHER RELIEF WHICH THIS HON’BLE COURT DEEMS FIT IN THE FACTS CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri S.H. Yadawad, learned counsel for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri Anil Kumar Navadagi learned counsel for Sri Babu H. Metagudda, learned counsel for respondent No.2. 2. This petition is filed under Section 482 of Cr.P.C. with the following prayer: “WHEREFORE, the Counsel for the Petitioner most respectfully pray the Hon’ble Court to: A. Quash the FIR and complaint in Vijayapura Women Police Station Crime No.53/2024, registered against the Petitioners for the offences punishable under section 498A, 323, 504, 506 R/w 34 of Indian Penal Code, 1860 and Section 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of Hon’ble 4th Additional Civil Judge (Jr.Dn.) & JMFC Court, Bijapur, vide Annexure-A & B. - 4 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 B. Any other relief which this Hon’ble Court deems fit in the fact and circumstances of the case.” 3. Petitioner Nos.1 and 2 are the parents-in-law and petitioner No.3 is the sister-in-law of respondent No.2. 4. Respondent No.2 filed a complaint with Vijayapura Woman Police Station which was registered in Crime No.53/2024 on 27.06.2024 for the offences punishable under Sections 498A, 323, 504, 506 R/w Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 5. Gist of the complaint averments would reveal that respondent No.2 was married to the son of petitioner Nos.1 and 2 by name, Vinod Jagadal on 31.05.2023 as per the Hindu rites and customs. At the time of marriage, 21 Tola gold ornaments, half kg silver articles and household articles worth Rs.4,00,000/- were given as dowry. - 5 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 6. After the marriage, the couple lived happy life for a very brief period. Husband of respondent No.2 is working as a Civil Police in Belagavi Market Police Station and there was a list prepared as to the articles that were given as a dowry during the marriage. There was a demand for further dowry which was not heeded to by the parents of respondent No.2 resulting in physical and mental harassment to respondent No.2. 7. Jurisdictional police after receipt of the complaint, registered the case as referred to supra and are investigating the matter. 8. The petitioners herein have questioned the veracity of the allegations made in the complaint and sought for quashing of the proceedings in Crime No.53/2024 on the ground that the allegations made against the present petitioners are general and omnibus in nature without any specific instances. Therefore, the - 6 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 continuation of the criminal proceedings is nothing but abuse of process of law. 9. Per contra, learned counsel for respondent No.2 Sri Anil Kumar Navadagi would point out the specific allegations leveled against all the petitioners. So also Sri Jamadar Shahabuddin, learned High Court Government Pleader would support the continuation of the criminal proceedings and investigation and contended that the Courts must be very slow while quashing the FIR unless it is shown that very filing of the FIR is with ulterior motive and serves no purpose. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that there are specific allegations against the petitioners in the complaint itself. 11. However, since petitioner No.3 is the resident of Basavan Bagewadi and did not share the common roof - 7 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 along with respondent No.2, petitioner Nos.1 and 2 and accused No.1 Vinod, following the dictum of the Hon'ble Apex Court in the case of Kahkashan Kausar @ Sonam and Others Vs State of Bihar and Others1, pending criminal case against petitioner No.3 needs to be quashed. 12. Insofar as the other petitioners are concerned, they being the parents-in-law did share the common proof along with the husband of respondent No.2 and investigating agency is entitled to investigate the matter in proper manner and file appropriate report in accordance with law. 13. Under such circumstances, petition against petitioner Nos.1 and 2 needs to be dismissed and petition needs to be allowed insofar as petitioner No.3 is concerned. 14. Accordingly, the following: 1 (2022) 6 SCC 599 - 8 - HC-KAR NC: 2025:KHC-K:2889 CRL.P No. 200958 of 2024 ORDER (i) The petition is allowed in part. (ii) Pending criminal case in Crime No.53/2024 of Vijayapura Women Police Station, registered for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the 4th Additional Civil Judge (Jr.Dn.) & JMFC Court, Bijapur, insofar as petitioner No.3 is concerned, is hereby quashed and proceedings to continue insofar as petitioner Nos.1 and 2 is concerned. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 25 CT:PK