Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010087952023 NC: 2026:KHC:53107 CRL.P No. 2122 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2122 OF 2023 BETWEEN:
1.
SMT. BAHAR SHANURU W/O IQBAL AHMED AGED ABOUT 56 YEARS.
2.
SRI IQBAL AHMED SAVANUR S/O ABDUL REHEEM SAVANUR AGED ABOUT 67 YEARS.
THE ABOVE PETITIONER NO.1 & 2 ARE R/AT 2023/34, 6TH CROSS OPP. HEMAVATHI HOSTEL SIDDAVEERAPPA BADAVANE DAVANAGERE - 577 004.
3.
SMT. RAMEEZA BANU D/O T. SYED SAB AGED ABOUT 37 YEARS R/AT NEAR OLD ANJUMAN SCHOOL HARIHARA - 577 601 DAVANAGERE DISTRICT. …PETITIONERS (BY SRI V.B. SIDDARAMAIAH, ADV.) AND:
1.
STATE OF KARNATAKA REP. BY VIDYANAGAR POLICE STATION DAVANAGERE - 577 001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010087952023 NC: 2026:KHC:53107 CRL.P No. 2122 of 2023
2.
SMT. SAYED TABASUM W/O M.S .NASVALE AGED ABOUT 37 YEARS R/AT 1016/99, NEAR RAILWAY GATE HIRAHALLI POST, UDIGERE HOBLI HIRAHALLI - 572 168 TUMAKURU TALUK AND DISTRICT. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI OMRAN KHAN, ADV., FOR R-2 - VC)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 2558/2022 (CRIME NO.25/2022), REGISTERED, FOR THE ALLEGED OFFENCES U/S 417, 201, 406, 498A, 420, 504, 506, 34 OF IPC, R/W SECTION 4 AND 3 OF DOWRY PROHIBITION ACT, 1961, PENDING ON THE FILE OF 1ST ADDL.
(SENIOR DIVISION) CIVIL JUDGE AND JMFC, DAVANAGERE, REGISTERED, FOR THE ALLEGED OFFENCES U/S 417, 201, 406, 498A, 420, 504, 506, 34 OF IPC, R/W SECTION 4 AND 3 OF DOWRY PROHIBITION ACT, 1961, INITIATED ON THE COMPLAINT OF THE 2ND RESPONDENT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.2 to 4 are before this Court in this petition filed under Section 482 Cr.PC with a prayer to quash the entire proceedings in C.C.No.2558/2022 pending before the Court of I Addl. Senior Civil Judge & JMFC, Davanagere, arising out of Crime No.25/2022 registered by Vidyanagar Police Station, Davanagere, for the offences punishable under Sections 417,
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HC-KAR
CNR: KAHC010087952023 NC: 2026:KHC:53107 CRL.P No. 2122 of 2023
201, 406, 498A, 420, 504, 506, 34 IPC read with Sections 3 & 4 of Dowry Prohibition Act, 1961.
2. Heard the learned Counsel for the parties.
3.
Learned Counsel for the petitioners submits that petitioner nos.1 & 2 are the parents of accused no.1 and petitioner no.3 is the marriage broker. Omnibus allegations are found against them in the first information and the charge sheet. There is absolutely no material to connect them to the alleged crime. They have been prosecuted for extraneous reasons by respondent no.2. 4. Per contra, learned HCGP and learned Counsel for respondent no.2 submits that accused nos.2 & 3 had suppressed the first marriage of accused no.1 and had represented to respondent no.2 that his first marriage was dissolved and also had produced certain documents. Even accused no.4 who is the marriage broker, had suppressed the said aspect of the matter and subsequently respondent no.2 came to know that the first marriage of accused no.1 was still subsisting. They also allege that specific allegations are made
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HC-KAR
CNR: KAHC010087952023 NC: 2026:KHC:53107 CRL.P No. 2122 of 2023
about demand for dowry and ill-treatment at the hands of accused nos.1 to 3 in the matrimonial home. They submit that charge sheet material clearly makes out prima facie case against the petitioners herein. Accordingly, they pray to dismiss the petition. 5. A reading of the first information as well as the charge sheet material would reveal that there is a specific allegation against accused nos.2 to 4 that they had suppressed about the first marriage of accused no.1 to the respondent no.2 herein and had represented to her that first marriage of accused no.1 with one Husna was dissolved. It is alleged that they also had produced certain created documents to show that first marriage of accused no.1 with Husna was dissolved. Subsequent to the marriage of respondent no.2 with accused no.1 on 09.01.2022, she came to know that the marriage of accused no.1 with the aforesaid Husna was not dissolved. She had, therefore, made enquiries and also spoke to the aforesaid Husna before approaching the police. - 5 -
HC-KAR
CNR: KAHC010087952023 NC: 2026:KHC:53107 CRL.P No. 2122 of 2023
6. In the first information, there are also specific allegations about demand and payment of dowry, ill-treatment at the hands of accused nos.1 to 3 in the matrimonial home in furtherance of their demand for dowry, etc.
The first wife of accused no.1 - Smt. Husna is now cited as CW-17 in the charge sheet which is filed against the accused in the present case. Under the circumstances, it cannot be said that there is absolutely no material against the petitioners herein to try them for the charge-sheeted offences. Therefore, I do not find any good ground to entertain this petition. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE
KK