N. C. CHANDRASHEKAR Vs. MAHALAKSHMI

JUDGEMENT

(1.) This petition is filed by the petitioner-accused Nos.2 to 8 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.13696/2021 registered by Women Police Station, East Zone, Bengaluru in Crime No.113/2020 for the offences punishable under Ss. 498A , 120B , 109 , 114 , 506 read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P.Act, now pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard the arguments of learned counsel for the petitioners, learned High Court Government Pleader for the respondent No.2-State and learned counsel for the respondent No.1.

(3.) The case of the prosecution is that CW.1-Smt. Mahalakshmi, wife of accused No.1 (he is not a petitioner before this Court) filed a complaint to the police on 3/12/2020 alleging that she married accused No.1- Naveen Kumar and their marriage was held on 15/6/2012. Accused No.1 was not having parents, therefore, accused Nos.2 and 5 being the uncle and aunt of accused No.1 came forward to perform his marriage, they demanded dowry and at their instance, the dowry was given to accused No.1 to the tune of Rs.50,000.00 cash, gold chain, watch, suit etc. and the marriage was performed by her mother and sister i.e., C.W.4 and C.W.5. After the marriage, they were having two children. Accused Nos.3 and 4 said to be brother and sister-in-law of accused No.1. They were residing along with accused No.1 and the complainant. They started harassing the complainant physically and mentally. Accused Nos.2 and 5 along with their family members used to instigate accused No.1 and in turn accused No.1 used to quarrel with the complainant. When accused No.1 gets his monthly salary, accused Nos.2 and 5 to 8 used to visit the house, stay for two to three days over there and at that time, they instigated accused No.1 to harass the complainant and finally, there was a panchayath held in the presence of the accused, they also said to be advised the complainant to lead happy marital life with accused No.1. Subsequently, the complaint came to be filed alleging that she came to know that accused No.1 contacted second marriage with one Niveditha. Therefore, the complainant prayed for taking action. After registering the case, the Police investigated the matter and filed a charge-sheet which is under challenge.