Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22446 CRL.P No. 13377 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13377 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
MR ARUN KUMAR SINGH AGED ABOUT 63 YEARS, S/O RAM DHYAN SINGH, RESIDING AT FLAT NO.1303, PURVA SKYDALE, SILVER COUNTY ROAD, HARALURU, BANGALORE CITY-560001.
ALSO AT R/AT NANDA LAL LOLA, GARKHA ROD CHAPRA SARAN, BIHAR - 841301.
2.
SUNITA SINGH AGED ABOUT 54 YEARS, W/O ARUN KUMAR SINGH RESIDING AT FLAT NO.1303, PURVA SKYDALE, SILVER COUNTY ROAD, HARALURU, BANGALORE CITY-560001. …PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND:
1.
STATE OF KARNATAKA REP BY THE SHO, PARAPPANA AGRAHARA POLICE STATION,
Digitally signed by REKHA R Location: High Court of Karnataka
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ELECTRONIC CITY SUB DIVISION, BENGALURU CITY REPT BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.
2.
SMT ANJALI SINGH W/O VISHAL KUMAR SINGH, AGED ABOUT 34 YEARS, RESIDING AT FLAT NO.1303, PURVA SKYDALE, SILVER COUNTY ROAD, HARALURU, BANGALORE CITY-560001. …RESPONDENTS (BY SRI.VENKAT SATYARNARAYAN.A, HCGP FOR R1;
SRI.N.DINESH RAO, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.6407/2023 (CR.NO.393/2022) AT ANNEXURE-D ON THE FILE OF THE IX A.C.M.M COURT BENGALURU IN SO FAR AS PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL ORDER
Petitioners who are arraigned as accused Nos.2 and 3 and who are the parents of accused No.1 and parents-in- law of respondent No.2/complainant have filed this petition under Section 482 of the Code of Criminal Procedure, with
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a prayer to quash the criminal proceedings initiated against them in CC.No.6407/2023 (Cr.No.393/2022 of Parappana Agrahara PS), on the file of IX Addl.Chief Metropolitan Magistrate Court, Bengaluru for the offences punishable under Sections 498A r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, ('DP Act' for short). 2. In support of the petition, the petitioners have contended that a plain reading of complaint show that the offence punishable under Section 498A of IPC is not made out, let alone Sections 3 and 4 of the DP Act. The Complaint as well as the charge sheet does not have any overt acts attributable to the petitioners. The learned Magistrate has taken cognizance in a very casual manner. In order to make out a complaint against her husband, out of vengeance, respondent No.2 has dragged petitioners into the case. There are no serious allegations against the petitioners. Admittedly, respondent No.2 left the
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matrimonial home on 03.10.2021 and chosen to file complaint after one year. 3. The allegations are absurd or do not make out any case against the petitioners. The Courts are required to be cautious when omnibus allegations are made against the petitioners. Only after accused No.1 expressed his inability to resolve the issue and move forward to reunite with the complainant, she has chosen to file the complaint roping in the petitioners. Only general and omnibus allegations are made against the petitioners In the light of the above facts and circumstances, continuation of the proceedings against the petitioners amount to abuse of the process of the Court. 4. In support of his arguments, learned counsel for petitioner has relied upon the decision in Rajesh Chaddha Vs. Stat of Uttar Pradesh (Rajesh Chaddha)1. 1 2025 SCC Online SC 1094 [SLP(Crl)Nos.2353-2354/2019 Dt:13/05/2025]
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5.
On the other hand learned counsel representing respondent No.2 and learned High Court Government Pleader representing respondent No.1 State would submit that the marriage of accused No.1 and respondent No.2/complainant was celebrated on 22.11.2019 at Bodh Gaya, Bihar. The marriage was performed by spending around 45 lakhs, which includes dowry in a sum of ₹15 lakhs, marriage expenses of ₹12 lakhs, Tilak function ₹3 lakhs engagement event ₹3 lakhs, jewellery worth ₹10 lakhs and clothing for the groom and family ₹1 lakh. 6. After the marriage respondent No.2 shifted to the house of accused No.1 at Bengaluru. Accused No.4 Gaurav Kumar Singh, the brother of accused No.1 was also residing with them. After the marriage, accused No.1 started demanding that the complainant should pay her entire salary into his hands and also her savings, to meet all the household expenses and home loan liabilities. Accused No.4 was demanding her to purchase an expensive two wheeler for him and when she refused, he
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started mentally harassing and taunting her. Accused No.2 used to call the complainant over phone and threaten her regularly for not giving control of her entire salary to accused No.1. 7. After few weeks of the marriage, accused No.3 started pressurizing her to furnish the flat by getting a sofa, fridge, dining table, LED TV, etc stating that it was the duty of her parents and since they have failed to do it, she has to do it. When she refused to meet with their unlawful demand, they started to harass and cause mental torture to her. In fact, complainant was forced to bear the household expenses, such as apartment maintenance charges, water charges, electricity bills, maid expenses, groceries, etc. 8. It is also alleged that the parents of accused No.1 tortured her over phone for not meeting their expected money demands.
Every day accused No.3 used to call accused No.1 and enquire about the meals prepared by the
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complainant and abuse her if she failed prepare any meal. She was forced to order and pay for the food from the restaurant. Accused No.1 was not at all helping her to prepare meals. There used to be frequent physical and mental torture by the accused persons with the motive to extract as much as money possible. 9. Complainant was blackmailed not to have any children unless she meet their demands. She was also given threat if she failed to accompany accused No.1 to Chapra(Bihar). In order to accompany the complainant to the Pooja held on 29.12.2019, accused No.1 demanded that complainant should pay for the purchase of new curtains for their house which she refused. 10. On 13.03.2020, the complainant was beaten and pushed against the wall by accused No.1 over an argument of financial control. On 23.11.2020, accused No.2 called her over phone for not giving gold ornaments to accused No.1 on the first Marriage anniversary. During
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Durga Pooja, accused No.1 forced her to contribute ₹45,000/- for purchasing a new refrigerator, totally worth ₹90,000/-. On 02.10.2021, at 8.00 p.m, accused No.1 threatened of removing her from the matrimonial home. He tried to chock her, she had to summon her brother for help. In the meanwhile, accused No.1 tried to break open the door on the guidance of his father. However, her brother advised her to stay back. When her brother left the house, again accused No.1 started harassing and pressurizing her to meet his demand or leave the house. 11. Feeling highly insecured, on the next day, she left the house. Few weeks prior to the said incident accused No.1 demanded ₹2 lakhs for interior work of the apartment. When she refused, he became extremely rude and harsh to her.
After she left the matrimonial home, her parents tried to reconcile and in order to sort out the differences, requested petitioners for a face-to-face meeting. However, they went on postponing. Ultimately petitioners came to Bengaluru. When the father and elder
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brother of complainant met them on 10.09.2022 at 3.00 p.m to settle the matter, they did not show any interest for the discussion. 12. On 03.10.2022, accused No.1 called over phone and offered to take back the complainant only if a sum of ₹15 lakhs are paid by way of dowry and complainant should pay her entire salary. In the above circumstances, without any alternative complaint is filed. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 3. There is prima facie material to proceed against all the accused persons including the petitioners. It is not a case for quashing the proceedings against petitioner and pray to dismiss the same. 13. Heard elaborate arguments of both sides and perused the record. 14. The undisputed facts are that the marriage of accused No.1 and respondent No.2/complainant was celebrated on 22.11.2019 at Bodh Gaya, Bihar. It is alleged
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that the marriage was performed by spending around ₹45 lakhs, which includes dowry in a sum of ₹15 lakhs, marriage expenses of ₹12 lakhs, Tilak function ₹3 lakhs engagement event ₹3 lakhs, jewellery worth ₹10 lakhs and clothing for the groom and family ₹1 lakh. Out of dowry of ₹15 lakhs, ₹8 lakhs was paid by account transfer and remaining ₹7 lakhs was paid by cash. In order to prove the same document are produced. After the marriage respondent No.2 shifted to the house of accused No.1 at Bengaluru. Accused No.4 Gaurav Kumar, the brother of accused No.1 was also residing with them.
There are specific allegations that the accused persons wanted the complainant to pay her entire salary into the hands of accused No.1 and when she did not agree, they were insisting upon her to purchase all the electrical gadgets, such as washing machine, dishwasher, etc, and forced her to spend for the maintenance charges, water bill, maid bill, groceries, etc. There are also specific allegations that though the petitioners were not staying with accused No.1
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and complainant, they were making telephone calls and trying to control their affairs. The complainant left the matrimonial home, when accused No.1 tried to squeeze her neck. 15. In order to allow her to come back to the matrimonial home, they demanded the of ₹15 lakhs and that she should pay her entire salary into the hands of accused No.1. The further statement of complainant also reveal that, when the complainant tried to come back to the matrimonial home, she found that he had changed the lock of the house and he made the security personnel to send her out of the building. After conducting investigation, charge sheet is filed against accused Nos.1 to 3, including the petitioners. There is prima facie material to show that at the time of marriage, the accused person demanded and received dowry in the form of cash, gold, ornaments, etc, and marriage was also performed in a grand manner. - 12 -
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16. After the marriage, the accused persons were expecting that the complainant shall pay all her salary into the hands of accused No.1. When she did not agree, they were forcing her to purchase all the gadgets and furnish the apartment. Accused No.4, who is the brother of accused No.1 also expecting the complainant to purchase him a new two wheeler. When she did not agree, harassment continued.
The root cause of dispute between the parties is expectation of the accused persons that the complainant should pay her entire salary into the hands of accused No.1. When she did not agree, the trouble started. There is prima facie material to proceed against the petitioners. It is not a case for quashing the criminal proceedings initiated against them. The decisions relied upon by the learned counsel for petitioners are not applicable to the case on hand. 17. In the result, petition fails and accordingly the following:
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ORDER (i) Petition filed by the accused Nos.2 and 3 under Section 482 of Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail.
Sd/- (J.M.KHAZI) JUDGE
RR List No.: 1 Sl No.: 36