MADHUKAR.G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition under Sec. 482 Cr.PC is filed by accused nos.1 to 3 in Crime No.75/2020 registered by Hebri Police Station of Udupi District, for the offences punishable under Ss. 498A, 506, 504, 448, 323 & 34 IPC read with Ss. 3 & 4 of the Dowry Prohibition Act, 1961, which is pending before the Court of II Addl. Civil Judge & JMFC, Karkala, Udupi District.

(2.) Brief facts of the case as revealed from the records are, respondent no.2-complainant was married to petitioner no.1 on 11/1/2015. Petitioners 2 & 3 are the parents of petitioner no.1. From the wedlock of petitioner no.1 and respondent no.2, a male child was born to them on 21/7/2019. On 10/10/2020, respondent no.2 has lodged a complaint with Hebri Police alleging that at the time of marriage, as per the demand made by the petitioners, her parents had given dowry and also met all the marriage expenses. Since the complainant did not conceive for a period of three years after the marriage, it is alleged that she was being ill-treated in her matrimonial house. She has stated in the complaint that on several occasions, petitioner no.1 who is her husband had physically assaulted her. It is also alleged that petitioner no.1 used to flirt with his lady colleagues and when this was questioned by the complainant, he had raised unnecessary quarrel and assaulted her. She has also stated that after she delivered a male child, the entire hospital expenses were met by her parents and being unable to bear the constant harassment meted out on her by the petitioners, she had left the matrimonial house on 9/9/2020 and started staying with her parents at Hebri in Udupi District. It is alleged that on 4/10/2020, petitioner no.1 came to her house and abused her and her parents by using filthy language and also threatened that he will come again. Based on these allegations, complaint dtd. 10/10/2020 was lodged and the Hebri Police have registered a FIR in Crime No.75/2020 against the petitioners for the alleged offences.

(3.) Learned Senior Counsel Sri Hasmath Pasha appearing for the petitioners submits that initiation of criminal proceedings against the petitioners is a clear case of abuse of process of law and he submits that the complainant is admittedly residing separately and only to wreck vengeance, a police complaint has been lodged. He submits that admittedly, complainant has gone to her parents house voluntarily. He also submits that the complaint lacks any averments as against petitioners 2 & 3. He submits that petitioners 2 & 3 have been unnecessarily implicated in the case and pendency of this criminal case has caused untold hardship to petitioners 2 & 3 who are aged about 71 years and 74 years, respectively.