GULZAR BEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are accused Nos.1 to 6 have invoked the provisions of Sec. 482 of Code of Criminal Procedure, (for short " Cr.P.C ") seeking quashing of entire proceedings in S.C. No.5017/2022 pending on the file of III Additional District and Sessions Judge, Hosapete registered for the offence punishable under Sec. 498-A, 307 and 506 R/w. Sec. 34 of IPC. They have contended that complainant who is arraigned as respondent No.2 herein has misusing the beneficial legislation, filed complaint only to harass the petitioners and it is a clear case of abuse of process of law, the FIR or complaint and the charge sheet even on the face of it do not make out a prima-facie case against the accused persons. There is inordinate delay of two years three moths in filing the complaint and no plausible explanation is forth coming for the delay. No visible injuries are sustained by the complainant and in fact no medico legal case was registered. The ingredients of Sec. 307 of IPC are not forthcoming. No specific allegations are attributed against the petitioners and only bald allegations are made in the complaint and stereo type statements were given by the witnesses who are from the complainant side. No statements of the neighbors are recorded.

(2.) Inter alia petitioners have contended that the complaint is hailing from Hagaribommanahalli and after her marriage with petitioner No.3 she joined the matrimonial home at Ballari. They are not having any issues. However, from the inception of the matrimony, complainant was always up in arms against the petitioners for no lapse on their part. She was picking up quarrel with petitioners for no rime or reason. On 17/12/2019, the parents of the complainant and their relatives barged into the matrimonial home, raised hue and cry and created commotion. They abused the petitioner Nos. 1 and 2 in most obscene and unacceptable language. They gave threat to initiate proceedings under Sec. 498-A of IPC alleging payment of dowry of Rupees 13 lakhs and gold weighing 50 tolas to the petitioners.

(3.) During the pendency of the proceedings, the parties have entered into compromise. They have filed application under Ss. 320 R/w. Sec. 482 of Cr.P.C., supported by the affidavits of petitioner No.3/ accused No.3 and respondent No.2/ complainant, with the following terms and conditions;