S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Justice Sreenivas Harish Kumar said,

"It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated as it lies within the domain of the Trial Court."

The petitioner Pradeep Moparthy and others, charged under sections 323, 504, 506 and 498-A of IPC and sections 3 and 4 of the Dowry Prohibition Act r/w section 34 of IPC, had approached the court seeking to quash the chargesheet filed against them.

It was the case of the complainant, wife of Moparthy, that their marriage was performed on 05.09.2015 in Hyderabad. The petitioners subjected her to harassment in connection with demand for dowry. Thus an FIR was registered. Investigation was taken up and a charge sheet was filed.

Advocate Arjun Rego appearing for the petitioners contended that if the entire charge sheet which is based on statements of witnesses is considered, it can be said that no offence against the petitioners is made out.

The court on considering the same observed that,

"Though under Section 482 of Cr.P.C the charge sheet can be quashed, the said jurisdiction cannot be invoked for quashing the charge sheet by appreciating the evidence."

It added, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C., evidence cannot be appreciated as it lies within the domain of the Trial Court." Accordingly it held, "In this view, I do not find any ground to entertain this petition. Accordingly, the petition is dismissed."

Case Title: Pradeep Moparthy v. State Of Karnataka

Case No: Criminal Petition No.2860/2021

Date Of Order: 15th Day Of December, 2021

Citation: 2022 Livelaw (Kar) 10

Appearance: Advocate Arjun Rego For Petitioners; Advocate Rohith B.J For R1

Click Here To Read/Download Order