GANESH SWAMINADHA Vs. DEEPASHREE GANESH

JUDGEMENT

(1.) This petition is filed by the petitioner-accused Nos.1 to 3 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No.832/2016 pending on the file of Judicial Magistrate First Class II Court, Mangaluru, pursuant to crime No.34/2015 registered by Suratkal Police Station, Mangaluru, for the offences punishable under Sec. 498A of IPC and Ss. 3 and 4 of Dowry Prohibition Act.

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

(3.) The case of prosecution is that on the complaint filed by respondent No.1-Deepashri Ganesh, the police registered the case on 15/3/2015. It is alleged by the complainant that she was given in marriage with accused No.1-1st petitioner. At the time of marriage, the accused persons demanded and received gold ornaments and dowry. The marriage engagement was held on 21/6/2010. The marriage was held on 21/10/2010 at Panambur JNC Marriage Hall. After the marriage, the complainant left to matrimonial home at Bangalore and stayed with accused No.1. Then on 12/11/2010, accused No.1 went to abroad. During the stay of the complainant with accused No.1, the accused Nos.2 and 3 looked after her well. But after accused No.1 left India, accused Nos.2 and 3 started harassing the complainant stating that the dowry given was insufficient. Thereafter, she joined accused No.1 at America. Then, she became pregnant. In March 2012, she came back to her parents house. Thereafter, accused No.1 used to telephone to her abusing her in filthy language and mentally harassing her. She gave birth to a female child. Neither accused No.1 nor accused Nos.2 and 3 came to visit the house of the parents house of the complainant to see the child and they also demanded more money and gold ornaments and they refused to take her to matrimonial home. Subsequent to 2013, accused No.1 came to Bengaluru and taken her to Bengaluru. Thereafter, accused Nos.1 to 3 started harassing the complainant mentally and physically. Accused No.1 was not paying any money to the complainant and maintaining her. Thereafter, he telephoned to the complainant and her parents and threatened with dire consequences. Later, the complainant came to know that accused No.1 married some other lady namely, Madina Henry and the said Madina Henry herself called the complainant and informed that she is the wife of accused No.1 and she has sent photographs of her marriage with accused No.1 and also of her child born out of their wedlock. Therefore, the complainant prayed for taking action against the accused persons. After investigation, the police filed charge sheet, which is under challenge.