PRABHAVATI GUJAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners/accused 2 and 3 - mother-in-law and sister-in-law of the 2nd respondent/complainant have called in question the proceedings in Crime No.508 of 2018 which has resulted in registration of criminal case in Crime Case No.54210 of 2018 before the XLIII Additional Chief Metropolitan Magistrate at Mayohall, Bangalore for offence punishable under Sections498A r/w Sec. 34 of the Indian Penal Code.

(2.) Brief facts leading to the filing of the present criminal petition, as borne out from the pleadings, are as follows:- On 24/12/2004 the complainant marries the son of the 1st petitioner at Thane and the complainant and her husband/accused No.1 thereafter shift to Texas, USA. The complainant and her husband lived in USA between 2004 and 2011. In the month of November, 2011 the complainant and her husband opt to move back to Thane, India since the young two kids that they had were to be taken care of. After their return, the husband of the 1st petitioner died on 5/9/2014. In the month of November, 2014 both the complainant and her husband shift to Bangalore and began to reside at Bangalore.

(3.) It further transpires that the husband goes back to Thane from Bangalore to take care of his mother, the 1st petitioner, who was ailing and requested the complainant also to shift to an apartment at Thane where the entire family could live together. This happened in the month of April 2018. This appears to have led to certain controversy because of which the complainant filed a domestic violence petition in Criminal Miscellaneous No.141 of 2018, which is pending consideration before the Metropolitan Magistrate Traffic Court-I, Mayo Hall, Bangalore seeking maintenance against the husband of the complainant. It is after filing of the said petition for maintenance the complainant also lodges a complaint against the petitioners and her husband and the police registered the complaint as a Non-Cognizable Report ('NCR') No.1060 of 2018.