KEMPAIAH S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.2 and 3 along with accused No.1 have been charge sheeted for the offences under Ss. 498A of IPC and Ss. 3 and 4 of Dowry Prohibition Act, 1961, alleging that the defacto complainant is the legally wedded wife of the accused No.1 and the accused subjected her to cruelty, both mentally and physically, and also demanded to bring money from the parental home. The cognizance taken by the learned Magistrate for the aforesaid offences is impugned in this petition.

(2.) The learned counsel appearing for the petitioners submits that the defacto complainant had lodged a FIR in Crime No.173/2016 before the Vidyaranyapura Police Station making the very same allegation and thereafter the dispute was referred to Mediation Center to explore the possibility of settlement and in terms of the settlement arrived between the parties, the 2nd respondent agreed to withdraw the allegation made in the FIR subject to the accused No.1 will move to a new house and stay separately along with the kids. Thereafter the defacto complainant lodged the second FIR with an ulterior motive making the very same allegation so as to wreak vengeance and with revengeful intent and the same is impermissible and violative of Article 21 of the Constitution of India. In support, he places a decision of the Hon'ble Supreme Court in the case of Amitbhai Anil Chandra Shah v. CBI and Anr . ((2013)6 SCC 348).

(3.) On the other hand, the learned High Court Government Pleader submits that the charge sheet material discloses that the petitioners - accused No.2 and 3 have subjected the defacto complainant to cruelty and also demanded to bring money from the parental home. Hence, he submits that the cognizance taken by the learned Magistrate does not warrant any interference and sought for dismissal of the petition.