H.S.RAHAMATHULLA KHAN Vs. STATE

JUDGEMENT

(1.) Petitioners, who are arraigned as accused No.1 to 6 have filed this petition under Article 226 and 227 of the Constitution of India read with sec. 482 of Cr.P.C., to quash the criminal proceedings in Crime No.36/2018 of Ballari Women P.S. for the offences punishable under sec. 498-A , 504 , 323 , 307 read with sec. 34 of IPC and sec. 3 and 4 of the Dowry Prohibition Act contending that the marriage of petitioner No.1 and respondent No.2 was solemnized on 10/5/2015 and after about two months, they went to Saudi-Arabia as petitioner No.1 was working there. However, they came back to India as the aged parents of petitioner No.1 were living alone. Since respondent No.2 was not interested in staying with her parents-in-law she started pestering petitioner No.1 to set up separate residence which was not agreeable to him. This led to difference of opinion between them. Ultimately, when respondent No.2 went to her parental home for delivery she did not return. However she has chosen to file a false complaint implicating the petitioners and hence, the petition.

(2.) Respondent No.1 has appeared through HCGP.

(3.) Respondent No.2 has appeared through counsel.