KHAZI ZABIULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.2 to 9 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.89/2020 registered by Davanagere Women Police Station, Davanagere, pending on the file of II Additional Civil Judge (Sr.Dn.) and JMFC Court, Davanagere for the offences punishable under Ss. 506 , 498A , 504 , 417 , 323 , 419 , 420 114 , read with Sec. 34 of the Indian Penal Code, 1860 (for short ' IPC ') and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'D.P. Act').

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

(3.) The case of the prosecution is that the respondent No.2-Smt. Gazala Sulthana filed a complaint to the Police on 15/9/2020 alleging that she is a BDS Doctor and accused persons are known to his father. The accused persons approached her father with the proposal of her marriage with accused No.1 saying that accused No.1 is the MBBS Doctor, has done DNB and working in a reputed Hospital. Their marriage was performed on 28/8/2016. At the time of marriage negotiation, the accused persons demanded Rs.10,00,000.00 dowry by way of cash, 50 grams golden ornaments, house hold articles and have spent Rs.10.00 to 12 lakhs towards marriage expenditure. After the marriage, they lived happily and thereafter, the accused persons started troubling the complainant, at that time, she was doing internship. Accused No.1 took her to Bengaluru and they both stayed together. Thereafter she went to Davanagere for delivery purpose. When they were residing together at Bengaluru, the accused used to suspect her fidelity. Accused Nos.2 and 3 who are the parents of accused No.1 used to visit Bengaluru, at that time, accused No.1 used to harass her physically and mentally. They also used to say that accused No.1 is MBBS doctor, they complainant's father could have given more dowry and then they started demanding additional dowry. Accused No.2-father-in-law, accused No.3-mother-in-law and elder brother of accused No.1-Mohammed Iliyaz Khazi and his wife-Samreen, Mohammed Iftheqar, Nuzhath Nazneeth and sister-in-law-Jannathul Firdous Khazi used to blame the complainant that accused No.1 is MBBS doctor, the dowry given by the her is very meager and demanded the dowry equal to the status of the MBBS doctor. Accused No.1-Khazi Muzaffar is a Doctor and he demanded additional dowry equal to the status of the doctor. He used to abuse her in filthy language. The complainant has tolerated in order to keep peace in the marital life. Even then, the accused persons used to abuse her in filthy language by not providing proper food.