LAWS(KAR)-2021-3-258

HOVAMMA Vs. STATE BY WOMEN POLICE STATION

Decided On March 22, 2021
Hovamma Appellant
V/S
State By Women Police Station Respondents

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the Crime No.40/2019 and charge sheet registered against the petitioners for the offences punishable under Ss. 498A, 506 read with 34 of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 ( 'DP Act' for short).

(2.) The factual matrix of the case is that the second respondent has filed a complaint before the police making the allegation that respondent No.2 was subjected to cruelty and also caused the life threat. It is also an allegation that before the marriage they demanded for the dowry amount and also received an amount of Rs.2.00 Lakhs. Subsequent to the marriage, they insisted to transfer the house in favour of the petitioners. Based on the complaint, the police have registered a case, investigated the matter and filed the charge sheet.

(3.) The learned counsel appearing for the petitioners would vehemently contend that prior to registration of this case, a compliant was given to the Women Police Station and Women Police have called both the parties and advised and also issued an endorsement stating that the complainant sought for closure of the case and not having jurisdiction to register the case. The learned counsel vehemently contend that the present complaint is filed only with a malafide intention of harassing the petitioners, who are the in-laws and the sister of accused No.1. There are no materials to proceed against the petitioners herein.