- 1 - NC: 2025:KHC-D:3726 WP No. 101227 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101227 OF 2024 (GM-RES) BETWEEN: 1. SRI. PRADEEP SHALAGAR S/O. AMRNATHSHALAGAR, AGED ABOUT 42 YEARS, OCCUPATION. STEEL MERCHANT, NEAR I.B. YALLAPUR ROAD, SIRSI, UTTAR KANNADA DISTRICT-581 401. 2. SMT. TARABAI W/O. AMARNATHSHALAGAR AGED ABOUT 60 YEARS, OCCUPATION. HOME MAKER, CHOUDESHWARI COLONY, SIRSI, UTTAR KANNDA DISTRICT-581 401. 3. SRI. AMRNATH S/O. GUNDURAOSHALAGAR AGED ABOUT 64 YEARS, OCCUPATION. SCRAP MERCHANT, CHOUDESHWARI COLONY, SIRSI, UTTAR KANNDA DISTRICT-581 401. 4. SMT. GEETA W/O. RAMANATHSAKHODE AGED ABOUT 45 YEARS, OCCUPATION. TAILOR AND BEAUTICIAN, CHOUDESHWARI COLONY, SIRSI, UTTAR KANNDA DISTRICT-581 401. …PETITIONERS (BY SRI. GOPALA KRISHNA KURANDAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, KAMARIPETH POLICE STATION, HUBBALLI, DISTRICT. DAHRWAD-580020. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3726 WP No. 101227 of 2024 2. PRABHAVATHI W/O. LATE ANIL SA BADDI AGED ABOUT 52 YEARS, OCCUPATION. HOME MAKER, KAULPETH HUBBALLI, DISTRICT. DHARWAD-580020. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. D.V.PATTAR, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF Cr.P.C., PRAYING TO, QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS COURT-III, HUBBALLI, DISTRICT DHARWAD INITIATING CRIMINAL PROCEEDINGS AGAINST ALL THE PETITIONERS UNDER CC NO.4522/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 306, 498A, 504 OF THE INDIAN PENAL CODE READ WITH SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, ANNEXURE-F, IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The cognizance taken of the offences punishable under Sections 306, 498A, and 504 of the Indian Penal Code, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, is challenged in this petition. 2. The mother of the deceased had filed a First Information Report (FIR), stating that her daughter committed suicide on 27.01.2019 after the complainant and a family member had asked her to return to her matrimonial home and lead a cordial marital life. The police closed the complaint by treating it as a non-cognizable report. - 3 - NC: 2025:KHC-D:3726 WP No. 101227 of 2024 3. Subsequently, Respondent No.2 (the mother of the deceased) filed a private complaint under Section 200 of the Cr.PC., alleging that the petitioners/accused had subjected her daughter to mental and physical cruelty and had demanded money from her parental home. Unable to bear the harassment, her daughter had allegedly committed suicide. 4. The learned counsel for the petitioners submitted that the private complaint was filed after an inordinate delay of more than three years. He contended that, apart from general and omnibus allegations, there is no specific overt act attributed to each of the petitioners detailing how and in what manner they subjected the deceased to mental and physical cruelty or when and how the alleged demands for money were made. Therefore, he argued that the complaint was filed as an afterthought, motivated by a vengeful intent. 5. In response, the learned counsel for Respondent No.1-State submitted that the allegations in the complaint, coupled with the sworn statement of the complainant, clearly disclose the commission of the alleged offences against the petitioners. He further contended that the veracity of these allegations can only be examined at the time of trial and cannot be considered at this stage. Hence, he sought the dismissal of the petition. 6. The arguments of the learned counsel for both parties have been duly considered. - 4 - NC: 2025:KHC-D:3726 WP No. 101227 of 2024 7. The marriage of Petitioner/Accused No.1 with the deceased was solemnized on 19.12.2011. The mother of the deceased had initially lodged a complaint on 27.01.2019, stating that her daughter had committed suicide on that day after she and other family members advised her to return to her matrimonial home and lead a cordial marital life. The police closed the complaint, treating it as an unnatural death after recording the statements of the complainant and a family member. 8. Respondent No.2 later filed a private complaint, alleging that her daughter had committed suicide due to harassment, but she failed to provide any explanation for the inordinate delay in filing the complaint. 9. A perusal of the complaint indicates that, apart from omnibus and general allegations, there is no specific overt act attributed to each of the accused, detailing how and in what manner they subjected the deceased to mental and physical cruelty or demanded money from her parental home. 10. The complaint, having been filed after an inordinate delay of more than three years, clearly establishes that it was an afterthought, filed with the intent to wreak vengeance. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the legal process. 11. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 4522/2023, pending before the Judicial - 5 - NC: 2025:KHC-D:3726 WP No. 101227 of 2024 Magistrate First Class Court-III, Hubballi, District Dharwad, insofar as they relate to the petitioners/accused, are hereby quashed Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 78