- 1 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102410 OF 2023 BETWEEN: 1. MOHAMMAD HUSSAIN MULGUND, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O: AGASI ONI, AMRUTH NAGAR, ANNIGERI, DIST: DHARWAD – 580 008. 2. FAREEDABEGUM UMARSAB MULGUND, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O: AGASI ONI, AMRUTH NAGAR, ANNIGERI, DIST: DHARWAD – 580 008. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, ANNIGERI PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 580 008. 2. RESHMA W/O. NIYAZ BALLUR, AGE: 28 YEARS, OCC: NURSE, R/O: AT HEBASUR HALI, SHIRAHATTI, TQ: HUBBALLI, DIST: DHARWAD – 582 114. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. UMESH P. HAKKARKI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 24.07.2023 PROCEEDINGS IN C.C. NO. 1507/2023 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, NAVALAGUND FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A READ WITH SECTION 34 OF IPC and Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, WITH RESPECT TO ACCUSED NO. 1 AND ACCUSED NO.2 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 accused Nos.1 and 2 under Section 482 of the Code of Criminal Procedure praying to quash the order dated 24.07.2023 and the proceedings in C.C. No.1507/2023 pending on the file of the learned Civil Judge and JMFC, Navalgund, for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Sections 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as ‘the DP Act’, for short). 2. Brief facts of the case are that, respondent No.2 has filed a complaint stating that her sister Shehanaz Begum was married to petitioner No.1 on 25.02.2023. That on 20.04.2023 at about 4:30pm, the petitioners had poisoned Shehanaz Begum and brought her to the District - 3 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 hospital, where she died. The petitioners had demanded dowry from Shehanaz Begum. The said complaint came to be registered in Crime No.46/2023 against the petitioners for the offences punishable under Sections 498A, 304B and 302 read with Section 34 of IPC and Sections 3 and 4 of DP Act. The Police, after investigation, filed charge- sheet against the petitioners only for offence under Section 498A read with Section 34 of IPC and Sections 3 and 4 of DP Act. On the basis of the said charge-sheet, a case came to be registered against the petitioners in C.C. No.1507/2023 and it is pending on the file of the learned Civil Judge and JMFC, Navalgund. 3. The learned Magistrate has taken cognizance for the aforesaid offences by order dated 17.07.2023. The petitioners have sought quashing of the proceedings of the said criminal case. 4. Heard the learned counsel for the petitioners and the learned counsel for respondent No.2. - 4 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 5. Leaned counsel for the petitioners would contend that the deceased Shehanaz Begum, who had married petitioner No.1, was suffering from fits and that she suppressed the same at the time of marriage. He further submits that, as the said aspect was suppressed, the deceased stopped taking medicines and thereafter on 20.04.2023, there was seizures and the deceased became unconscious and she was taken to the hospital wherein the Doctors, later, reported her death. He further submits that, a false complaint came to be filed on 21.04.2023 by the sister of the deceased alleging that these petitioners have poisoned the deceased and killed her and on that basis a case is registered for offence under Section 304B and 302 and other offences. He submits that at the time of investigation, the Investigating Officer found that the said allegation of poisoning the deceased is false based on the opinion of the doctors. The allegation of harassment and ill-treatment made in the complaint is out of frustration in view of death of sister of the complainant. The deceased only lived for less than two months after her - 5 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 marriage in the house of the petitioners and at that time there was no complaint filed by the deceased against the family members regarding harassment and ill-treatment by the petitioners. He further submits that respondent No.2 and her parents have suppressed that the deceased was suffering from fits and cheated the petitioners and harassed by filing a false complaint. Considering all these aspects, the proceedings against the petitioners is an abuse of process of law. With these, he prayed to allow the petition. 6. Learned counsel for respondent No.2 would contend that there is allegation of harassment and ill- treatment by the petitioners to the deceased, in the complaint filed by respondent No.2 dated 21.04.2023. He further submits that, there are statement of the witnesses who are the neighbours of the petitioners, who have stated about the harassment and ill-treatment by the petitioners to the deceased. Charge-sheet material show - 6 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 prima facie case for the offences alleged against them. With this he prayed for dismissal of the petition. 7. Learned Additional Government Advocate has reiterated the grounds urged by the learned counsel for respondent No.2. 8. Having heard the learned counsels, the Court has perused the charge sheet materials. 9. The marriage of the petitioner No.1 with the deceased Shainaz Begum has taken place on 25.02.2023. The said Shainaz Begum died on 20.04.2023. The petitioners took her to the Hospital, wherein the Doctor reported the death of the deceased. On perusal of the Post-mortem Report, no external injuries were found on the body of the deceased. The Postmoterm Report and the FSL Report indicates that there was no poison consumption by the deceased. Considering the said aspect, the bald allegations made by the respondent No.2 in the complaint on 21.04.2023 are false with regard to - 7 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 petitioners poisoning the deceased. The complaint is filed by the respondent No.2 on the next day of death of the deceased, it appears to be made out of frustration, on the death of her sister within two months of her marriage. The complaint has been filed alleging the harassment and ill- treatment by the petitioners. During the lifetime of the deceased, there is no any allegation of harassment and ill- treatment by the petitioner to the deceased. The said allegation of harassment and ill-treatment are brought out only in the statements of witnesses and only after the death of the deceased. Considering all these aspects, the proceedings against the petitioners is abuse of process of law. In the result, the following; ORDER i) The petition is allowed. ii) The proceedings against the petitioners in CC No.1507/2023 - 8 - NC: 2025:KHC-D:5197 CRL.P No. 102410 of 2023 pending on the file of the Civil Judge and JMFC, Navalgund are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv up to para 8 PJ-last 3 paras CT-ASC