KAVITHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 and 2 and other accused are sought to be prosecuted for the offences punishable under Ss. 498A, 506 of IPC and Ss. 3, 4 of Dowry Prohibition Act, 1961.

(2.) Initially, the police, after the investigation laid the charge sheet against the accused No.1, however, dropped the petitioners from the charge sheet on the ground that, there is no incriminating materials against them. Thereafter, the Deputy Superintendent of Police suomoto ordered for further investigation, and handed over the same to the Hanumanthanagar Police. The Investigating Officer, after conducting the further investigation, filed an additional charge sheet arraigning these petitioners as accused Nos.4 and 5 for the aforesaid offences. Taking exception of the same, this petition is filed.

(3.) Sri Vivek Reddy, learned Senior Counsel for the petitioners submits that, except the stray statement that, these petitioners asked the defacto complainant that, if he had to leave her husband, what should be given, and when the defacto complainant denied, the accused No.4 assaulted her. Hence, he submits that, in the absence of any material that, these petitioners subjected the defacto complainant to cruelty both mentally and physically, and also in the absence of any demand made by the petitioners to bring money from the parental home, the continuation of criminal proceedings will be an abuse of process of law.