LAWS(KAR)-2022-7-864

MOUNA K.L. Vs. STATE OF KARNATAKA

Decided On July 11, 2022
Mouna K.L. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.18366 of 2021 pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.22 of 2021 registered for offences punishable under Ss. 498A r/w Sec. 34 of the IPC and Sec. 4 of the Dowry Prohibition Act, 1961 ('the Act' for short).

(2.) Heard Sri Jnanesh Kumar K., learned counsel appearing for the petitioner, Sri K.S.Abhijith, learned High Court Government Pleader for respondent No.1 and Sri Jose Sebastian, learned counsel for respondent No.2.

(3.) Facts as projected by the prosecution are as follows:- The 2nd respondent is the complainant, wife of one Dempsy Kushalappa. The 2nd respondent and Dempsy Kushalappa got married on 12/5/2017 and had developed certain animosity among themselves which led the complainant to register a crime against the husband and other members of the family in Crime No.22 of 2021 for offences punishable under Ss. 498A , 323 , 504 , 506 and 34 of the IPC and Ss. 3 and 4 of the Act. The present lis does not concern the dispute between the wife and husband and other members of the family. The petitioner is arrayed as accused No.5 in the said crime. The allegation against the petitioner in the complaint is that she is the girl friend/concubine/paramour of the husband and as such, the husband is torturing the wife. FIR so registered ends up in Police filing a charge sheet against the petitioner and the husband and all other members of his family for offences punishable under Sec. 498A r/w Sec. 34 of the IPC and Sec. 4 of the Act. Filing of the final report/charge sheet against the petitioner as well, drives the petitioner to this Court in the subject petition.