NARESH BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are before this Court seeking for an order to quash the FIR lodged u/s. 498-A of Indian Penal Code r/w. Sections 3 and 4 of the Dowry Prohibition Act, 1961 in response to a complaint made by the 3rd respondent in Vijayanagara Police Station, dated 22-7-2001 and prevent the 1st respondent going to the petitioners houses and their working places and harassing.

(2.) THE petitioners are none other than the relatives of the husband Sri. K. Naresh Babu, who is the husband of the 3rd respondent. According to the petition averments, the first petitioner is married to the 3rd respondent in the year 1992. They are staying separately at Tiptur. The 3rd petitioner is the sister-in -law of the 3rd respondent. According to the petition averments, the husband of the 3rd respondent suffered an accident and instead of taking good care of the 1st petitioner, the 3rd respondent was negligent to her husband and she has taken a decision to be away from her husband stating that her husband is no longer capable of taking care of the family. Repeated efforts were made to get back the 3rd respondent to the residence of the first petitioner. But the 3rd respondent, according to the petition averments, refused all the requests best known to her. She has filed a Matrimonial case No. 84/2001 before the Family Court in Bangalore.

(3.) THE petitioners 1-4 filed a petition in Misc. No. 1403/2001 seeking for an anticipatory bail. The 3rd respondent filed a complaint in terms of Annexure 'a' and the same was treated as FIR by the authorities. The Police Constables visited the petitioner on 7-7-2001. According to the petitioner, the FIR is unjustified. It is a mala fide complaint. The allegations made in the petition are utterly falsehood and vague and filed with a motive intention. The petitioner says that criminal laws cannot be set in motion as a matter of course and the further investigation by the respondents is unsustainable. The petitioners want this Court to quash the FIR registered by the Vijayanagar Police Station in the case on hand.