GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is f i led by accused Nos.1 to 4 in CC No.4/2014 pending on the fi le of the learned Principal Senior Civi l Judge and CJM, Bagalkot, to quash the proceedings initiated by respondent No.2 herein al leging offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) The complainant is the wife of petitioner No.1. The case of the prosecution is that, marriage of the complainant was performed with petitioner No.1 on 26.2.2012. At the time of marriage, four tholas of gold, cash of Rs.71,000/- as wel l as household articles valued at Rs.50,000/- were given as dowry. After the marriage, the accused started coercing her to bring a sum of Rs.2 lakhs as additional dowry and started giving her physical and mental harassment and the other accused were instigating him. It is al leged that they were threatening the complainant with dire consequences by forcing her to get the said amount of Rs.2 lakhs and also to get the property which was in the name of her father. Hence, committed the aforementioned offences.

(3.) Learned counsel for the petitioners submitted that petitioner No.1 had f iled a divorce petition in MC No.38/2015 on the fi le of the learned Principal Senior Civi l Judge and CJM, Bagalakote and in the said petition, the complainant and petitioner No.1 have entered into a compromise and they f i led an appl ication under Order XXIII Rule 3 of CPC for recording compromise. The said compromise petition is produced at Annexure-E. The terms and conditions of the said compromise reads as under: Both the parties of the suit agreed as fol lowing terms and conditions: