Karnataka HC Declines To Quash Molestation Case Against Astrologer Accused Of Touching Woman Inappropriately To 'Fix' Her Kundali

The Karnataka High Court has refused to quash proceedings initiated against an astrologer who outraged a woman's modesty by inappropriately touching her under the guise of performing puja to set right her kundali. The Court also declined to quash charges against the woman's husband who took her to the astrologer and threatened her to not reveal her ordeal to anyone else.

A single judge bench of Justice MG Uma dismissed the petition filed by Deepa Darshan H P and Mohandas @Shivaramu who had approached the court seeking to quash the prosecution registered against them under Sections 498A, 354, 354A, 508 R/W 34 of the Indian Penal Code.

The husband claimed that earlier the complainant had registered an offence under Section 498-A of IPC in 2018 against him and his family members. Thus filing a second complaint again in 2019, for a similar offence to the present complaint is not permissible.

Further, it was argued that the complainant has since 2018 been residing separately therefore, there is no basis for registering the present complaint. Moreover, a plea seeking dissolution of marriage before the Family Court at Bengaluru filed by the husband is pending.

The counsel for the complainant contended that allegations made in the previous crime are entirely different from the one before the court. The accused no 2 who is an astrologer committed the offence by inappropriately touching her body under the guise of performing puja to set right her kundali. The husband was very much present along with accused No.2 and he neither protested nor protected respondent No.2. Therefore, specific allegations are made against accused Nos. 1 and 2, to constitute the offence.

Findings:

The court noted that the complainant made specific allegations regarding the commission of the offence under Section 498A of IPC from 19.05.2014 i.e., from the date of marriage, till 04.02.2015. She also has stated that accused No.1 had taken her to accused No.2, who posed himself as an Astrologer and inappropriately touched her body and committed the offence. When the same was resisted by her the husband had warned her not to oppose accused No.2 and thereby he joined hands with accused No.2 in committing the offences.

Following this the court said that the allegations against accused No.1 the husband and accused No.2, who posed himself as an Astrologer are of a serious nature. Specific allegations are made against both the accused and under such circumstances, it cannot be said that the criminal proceedings are liable to be quashed.

It added, “In the present case, by filing the second complaint, the allegation regarding cruelty is made against accused No.1 by invoking Section 498A of IPC. Accused No.2 is the stranger to the family and he posed himself as an Astrologer and specific overt act to constitute offence punishable under Sections 354, 354A of IPC is made out by the informant.”

Thus it held “Looking at the nature and seriousness of the allegations made against accused Nos. 1 and 2 in the present case, I am of the opinion that it is not fit case for quashing criminal proceedings.”

Appearance: Advocate H. B. Rudresh for Petitioners.

Additional SPP Asma Kouser for R1.

Advocate Ashish Ram. D for Advocate Krishnamoorthy. D for R2.

Citation No: 2024 LiveLaw (Kar) 390

Case Title: Deepa Darshan H P & ANR AND Police Inspector & ANR Case No: CRIMINAL PETITION NO. 2585 OF 2021

Click Here To Read/Download Order