- 1 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8620 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PARAMESHWARA ACHARYA S/O LATE SRINIVASA ACHARYA AGED ABOUT 65 YEARS R/AT NO 2-133, RANGANAKERI HERADI VILLAGE BRAHMAVARA UDUPI 576 210 2. SUSHEELA W/O PARAMESHWARA ACHARYA K AGED ABOUT 56 YEARS R/AT NO 2-133, RANGANAKERI HERADI VILLAGE BRAHMAVARA UDUPI 576 210 3. SANDESH @ SANDESHA S/O K PARAMESHWARA ACHARYA AGED ABOUT 30 YEARS R/AT NO 2-133, RANGANAKERI HERADI VILLAGE BRAHMAVARA UDUPI 576 210 4. MALATHI W/O PRASANNA ACHAYA AGED ABOUT 45 YEARS R/AT NO 2-24, RANGANAKERI HERADI VILLAGE BRAHMAVARA UDUPI 576 210 …PETITIONERS (BY SRI. VIKAS M., ADV.) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 AND: 1. STATE OF KARNATAKA BY UDUPI WOMEN POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE 560 001 2. NAVYA W/O SUKESH, AGED 25 YEARS R/O SOURIBAIL, KARKADA POST SALIGRAMA, BRAMHAVARA UDUPI 576 210 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI.RAVINDRANATH K., ADV. AND SRI.VINAY HEGDE, ADV. FOR R2) THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.721 OF 2023, PENDING IN THE COURT OF I ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI INITIATED AS AGAINST THE PETITIONERS BY RESPONDENT NO.1 POLICE BASED ON THE COMPLAINT FILED BY RESPONDENT NO.2 FOR OFFENCES U/S 498A, 504, 34 OF IPC R/W SEC. 3, 4, 6 OF D.P. ACT, 1961. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 ORAL ORDER This petition seeking quashing of the proceedings in C.C.No.721/2023 on the file of the Court of I Additional Civil Judge and JMFC, Udupi, is preferred by accused Nos.2 to 5 namely the parents, brother and a relative of accused No.1. 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and learned counsel appearing for respondent No.2/defacto complainant and perused the material on record. 3. Respondent No.2 lodged a complaint alleging that the accused namely her husband and his relatives have demanded dowry at the time of marriage and subjected her to mental torture etc., after the marriage. Based on the said complaint, a case in Crime No.64/2022 was registered at Udupi Women Police Station against accused Nos.1 to 6 for the offence punishable under Section 498A, 504 r/w 34 of IPC and Section 3 and 4 of - 4 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 Dowry Prohibition Act. While filing charge sheet accused No.6 named in the FIR was dropped. 4. Petitioners are the parents, brother-in-law and relative of accused No.1. As per complaint averments, marriage of respondent No.2 with accused No.1 took place on 24.04.2022. At the time of marriage, accused demanded 40 sovereigns of gold and cash of Rs.50,00,000/- as dowry. After negotiation, they agreed to receive 20 sovereigns of gold and Rs.20,00,000/- cash as dowry. A cash of Rs.20,00,000/- was given prior to marriage and at the time of marriage 20 sovereigns of gold was given. 5. It is alleged that after the marriage, respondent No.2 went to her matrimonial home to lead marital life, however, after a period of one week, all the accused started harassing her telling that whatever dowry she has brought was very less and accused No.1 would have got a better proposal. It is also alleged that accused No.1 was of a suspicious character and so as his parents. Accused - 5 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 Nos.4 to 6 are alleged to have instigated accused No.1 and they were telling him not to take the complainant abroad where he worked. It is also alleged that the accused were not allowing the complainant to go to her parental home etc. 6. As per complaint averments, within 20 days of the marriage, accused No.1 went to Australia. It is alleged, only for about a week he spoke to the complainant over phone and thereafter, stopped talking and further alleged, accused Nos.2 to 6 were telling the complainant that they will get her divorced from her husband etc. 7. Even though, it is alleged in the complaint that a cash of Rs.20,00,000/- and 20 sovereigns of gold were received by accused No.1 as dowry, as per charge sheet allegations the demand was Rs.10,00,000/- and a sum of Rs.5,00,000/- was received by accused Nos.1 to 3. Having perused the complaint and charge sheet allegations this Court finds that the allegations against accused Nos.4 - 6 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 to 6 are omnibus in nature, wherein the complainant has alleged that they were instigating her husband and not looked after her with love and affection. As per charge sheet allegations, accused Nos.1 to 3 have received the dowry at the time of marriage. Vague allegations are made that she was driven out from the house by other accused. 8. In Achin Gupta v. State of Haryana and another reported in 2024 SCC Online SC 759, the Apex Court has held that ‘if a person is made to face a criminal trial on some general and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of the process of the Court’. Further, if the Court is convinced by the fact that the involvement by the complainant of her husband and his close relatives is with an oblique motive then even if the FIR and the charge sheet disclose the commission of a cognizable offence the Court with a view to doing substantial justice should read in between the lines the - 7 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 oblique motive of the complainant and take a pragmatic view of the matter. 9. 9. The Police after conducting investigation has filed charge sheet in this case, wherein the allegations against accused Nos.2 to 6 are that the said accused with a common intention have subjected the complainant to harassment in connection with dowry and harassed saying that they will get her divorced from her husband etc. However, having perused the complaint averments and the charge sheet material, this Court finds that the allegations against accused Nos.4 and 5 are general and omnibus in nature. There are no specific or distinct allegations against the said accused which would justify their prosecution. Accused No.6 named in the FIR has been dropped while filing the charge sheet, having found no substance in the allegations made against the said accused. 10. Learned counsel for petitioner has contended that as per complaint, a sum of Rs.20,00,000/- in cash - 8 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 and 20 sovereigns of gold was received as dowry by accused No.1, whereas in the charge sheet it is alleged, a sum of Rs.5,00,000/- dowry was received by accused Nos.1 to 3. He, therefore contended that there is a serious contradiction with regard to the demands and acceptance of dowry. He contended that accused Nos.2 and 3 namely the aged parents of the petitioner have been unnecessarily dragged into the proceedings with an oblique motive. 11. Accused Nos.2 and 3 are at liberty to file necessary application seeking their discharge before the trial Court. If any such application is filed, the trial Court shall consider and pass order on the said application, in accordance with law. 12. For the foregoing reasons, the following: ORDER Petition is partly allowed. - 9 - NC: 2025:KHC:13860 CRL.P No. 8620 of 2023 The entire proceedings as against petitioner Nos.3 and 4/accused Nos.4 and 5 pending on the file of the Court of I Additional Civil Judge and JMFC, Udupi Court in C.C.No.721/2023 arising out of Crime No.64/2022 of Udupi Women Police Station is quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 39