Case Note & Summary
The petitioners, Syed Asif Ali and Syed Iqbal, filed a Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the entire proceedings in Crime No.41/2009 registered by Halsurgate Woman Police, Bangalore, for offences punishable under Sections 498A (cruelty) and 506 (criminal intimidation) of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The case arose from a complaint by the second respondent, Hina Kouser, who married accused No.1 on 05.01.2003 and alleged harassment by all accused. The petition was pending in C.C.No.2960/2014 before the VI ACMM, Bangalore. On the date of hearing, none appeared for the petitioners either through video conferencing or physically, despite notice being served on the second respondent who remained unrepresented. The learned High Court Government Pleader (HCGP) for respondent No.1 (State) was heard. The court noted that the petitioners' counsel was absent and no arguments were advanced. Consequently, the court held that the petition could not be entertained and dismissed it for non-prosecution. The judgment was delivered by Justice K. Somashekar on 5th November 2020.
Headnote
A) Criminal Procedure - Quashing of FIR - Non-Prosecution - Section 482 Code of Criminal Procedure, 1973 - Petition seeking quashing of criminal proceedings under Sections 498A, 506 IPC and Sections 3, 4 Dowry Prohibition Act, 1961 - Petitioners' counsel absent on multiple occasions; no representation made - Held that in the absence of prosecution, the petition cannot be entertained and is liable to be dismissed (Para 5).
Issue of Consideration
Whether the criminal proceedings in Crime No.41/2009 should be quashed under Section 482 CrPC when the petitioners' counsel is absent and no arguments are advanced.
Final Decision
The Criminal Petition is dismissed for non-prosecution.
Law Points
- Non-prosecution
- Dismissal for default
- Section 482 CrPC
- Quashing of criminal proceedings
