RAMESH G.H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the proceedings in Criminal Case No.259/2020 pending before the Senior Civil Judge and JMFC, Kudligi for the offences punishable under Ss. 323 and 498A of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'the DP Act').

(2.) Heard Shri Aravind D. Kulkarni, the learned counsel appearing for the petitioners and Shri Ramesh Chigari, the learned HCGP appearing for respondent No.1- State and Sri Basavanagouda T., learned counsel appearing for respondent No.2-complainant.

(3.) Brief facts leading to filing of the present petition as borne out from the pleadings are as follows : The 2nd respondent is the complainant. The 1st petitioner-accused No.1 is the husband of complainant. The 2 nd petitioner-accused No.2 is the father-in-law of the complainant. The 3rd petitioner is the mother-in-law. Petitioner No.4 is the brother-in-law. Petitioner Nos.5, 6 and 7 are sisters-in-law. The relationship of the parties to the lis is as stated herein above. The 1st accused and the complainant get married on 8/7/2019. The relationship between the 1st petitioner and the complainant appear to have turned sore and according to the complaint, the complainant leaves matrimonial house and resides with her parents owing to two factors. One for harassment by the husband and other owing to her avocation as she was a Teacher. The complaint is registered on 10/2/2020. Prior to the registration of the complaint, the first petitionerhusband had instituted proceedings under Sec. 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights.