- 1 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101466 OF 2024 BETWEEN: SMT. MANJULA W/O. MALLAYYA HONGALMATH, AGE: 59 YEARS, OCC: SEMI GOVERNMENT SERVICE, R/O: KOPPAD KERI, M. B. NAGAR, DHARWAD, NOW AT PRASAD BUILDING, M. M. HIREMATH LAYOUT, NEAR SHIRADI NAGAR. …PETITIONER (BY SRI B.G.INDI, ADVOCATE APPEARED FOR SRI. K. L. PATIL, SRI S.S.BETURMATH & SMT. P.S.TADAPATRI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH WOMEN POLICE STATION, (HUBBALLI DHARWAD CITY WOMEN STATION), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. 2. SMT. RADHIKA W/O. PRASAD HONGALAMATH, AGE: 29 YEARS, OCC: HOUSEWIFE, NOW AT K. C. PARK ROAD, ROTSON APARTMENT, A BLOCK, H. NO.A203 DHARWAD – 580 011. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. MANJUNATH S. BARADUR, ADVOCATE APPEARED FOR SRI. S.G.KADAKATTI, ADVOCATE FOR R2) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO. 27/2024 INITIATED AGAINST THE PETITIONER/ACCUSED NO.2 PENDING IN THE COURT OF II ADDL. CIVIL JUDGE AND JMFC 2ND COURT DHARWAD REGISTERED FOR OFFENCES P/U/SEC. 498-A, 323, 504, 506 R/W SEC. 34 OF IPC AND SEC. 3 AND 4 OF THE DOWRY PROHIBITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.2 under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.27/2024 pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad registered for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as ”IPC” for brevity) and Sections 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as ”D.P Act” for brevity). 2. The case of the prosecution as contained in Cl.No.17 of the charge sheet is that; - 3 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 The son of the petitioner married respondent No.2 and at the time of marriage gold, silver, cash and other articles were given to the husband of respondent No.2. Respondent No.2 started residing with her husband in his house at Basav Colony, Dharwad wherein it is alleged that the petitioner and her son demanded dowry of Rs.5,00,000/- and started harassing her. It is further alleged that the petitioner abused respondent No.2 in filthy words and asked her to bring money for business and sent her out of the house. That on 10.10.2023 at 00.30hrs, the son of the petitioner came by consuming alcohol and tried to press her neck, threw phone on her face, threatened her that he will kill her with long chopper and gave her life threat. On that basis a case came to be registered in Crime No.91/2023 Hubballi-Dharwad City Women Police Station. The Police after investigation have filed charge sheet against petitioner -accused No.2 and accused No.1 for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC. On the - 4 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 basis of the said charge sheet, a case came to be registered against petitioners and accused No.1 in C.C. No.27/2024 and it is pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad. The proceedings of the said case are sought to be quashed in this petition. 3. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned AGA for respondent No.1-State. 4. Learned counsel for the petitioner –accused No.2 would contend that respondent No.2 and her husband were residing in apartment by name Rotson Apartment, near K.C. Park and the petitioner was residing separately at Koppadkeri, M.B. Nagar, Dharwad. He further submits that petitioner is Government Servant and use to go her work every day. The allegations against the petitioner are false and she falsely implicated only as her son did not take care of respondent No.2 and assaulted her on 10.10.2023. With these, he prays to allow the - 5 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 petition and quash the proceedings against the petitioner – accused No.2. 5. Learned counsel for respondent No.2 would contend that the husband was not doing any work and he started harassing respondent No.2. Respondent No.2 has two children and they were not looked after by the husband of respondent No.2. The petitioner and her son demanded dowry and harassed respondent No.2. Considering all these aspects there are no grounds for quashing the proceedings. With these, he prays for dismissal of the petition. 6. Having heard learned counsels, this Court has perused the charge sheet records. 7. Respondent No.2 has filed complaint on 06.11.2023. In the said complaint it is alleged that on 10.10.2023 at 00.30 hrs when she staying at Rotson Apartment, Dharwad her husband came there and tried to press her neck, threw phone on her face and gave her life - 6 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 threat. In the said complaint it is also specifically stated that respondent No.2 is staying with her husband and her two children in Rotson Apartment, near K.C Park, Dharwad in rented house. The petitioner –accused No.2 is residing separately at Koppadkeri, M.B Nagar, Dharwad. The said aspect itself indicates that the alleged demand of dowry and harassing of respondent No.2 are omnibus allegations against the petitioner and her son. The petitioner is Government Servant and she residing separately. 8. On perusal of the charge sheet witnesses, neighbours of the house of the petitioner have not been cited as charge sheet witnesses. Charge sheet witnesses are mother, father and brothers of respondent No.2. Considering all these aspects, the proceedings against petitioner –accused No.2 is abuse of process of law. 9. In the result, the following ORDER i) The petition is allowed. - 7 - NC: 2025:KHC-D:5749 CRL.P No. 101466 of 2024 ii) The proceedings against petitioner –accused No.2 in C.C. No.27/2024 pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 36