MALLINATH Vs. STATE

JUDGEMENT

(1.) This petition under Sec. 397 read with Sec. 401 of Cr.P.C. is filed by the petitioners - accused Nos.1 to 5 to quash the proceedings in Crime No.61/2019 of Yadrami Police Station, Tq: Jewargi Dist: Kalaburagi and S.C.No.49/2021 pending on the file of Prl. District and Sessions Court at Kalaburagi, for the offences punishable under Ss. 498(A), 307, 504 and 506 read with Sec. 149 of IPC and under Sec. 4 of D.P. Act, 1961.

(2.) The summary of the charge-sheet is that the de-facto - complainant is the legally wedded wife of the accused No.1, accused No.2 is the brother-in-law, accused Nos.3 and 4 are the parents-in-law and accused No.5 is the sister-in-law. On 24/5/2019 at about 11.0 a.m. the accused after forming an unlawful assembly with common intention came to the parental home of the de-facto - complainant and abused her in filthy language stating that without bringing dowry she is residing in her parental home, and her husband stated that he would contract second marriage, if she does not bring dowry from her parental home. At the instigation of other accused, the accused No.1 tried to kill the de-facto - complainant and also posed threat to her life.

(3.) The learned Sessions Judge after accepting the charge-sheet took cognizable of the above said offences and issued summons.