PRAVEEN Vs. KALAVATI

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, the learned counsel for respondent No.1 and the learned High Court Government Pleader appearing for the respondent No.2-State.

(2.) The factual matrix of the case is that respondent No.1 had filed a complaint making allegations against these petitioners and also the mother-in-law that after performing her marriage with accused No.1 on 11/12/2010, she was looked after very well for a period of six months and thereafter she was subjected to both mental and physical cruelty in the matrimonial home. Accused No.4 sister-in-law, who is married and staying in Bengaluru was frequently visiting the matrimonial home of the complainant and used to humiliate her that she belongs to poor family and she is not good looking and subjected her for mental cruelty. Based on the complaint averments, the case has been registered and the matter has been investigated and charge sheet is filed. During the investigation, statement of the witnesses were recorded.

(3.) The learned counsel for the petitioners would vehemently contend that it is nothing but roping of all the family members including the married daughter. The husband of petitioner No.3 is residing at USA and after knowing the said fact, the present complaint is lodged with an intention that petitioner No.3 should not join her husband and lead marital life at USA and there is no question of cruelty as alleged in the complaint and statement of witnesses. Summoning of the petitioners in a criminal case is a serious matter. The criminal law cannot be set into motion as a matter of course. The learned counsel would submit that there are no material against petitioner No.3, who has been arraigned as accused No.4. The fact that she is residing at Bengaluru is not in dispute. Only in order to pressurize the other petitioners, petitioner No.3 is included.