MUJAHID PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.5 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.21817/2021, arising out of crime No.103/2021 registered by respondent-Cotton Pet Police Station for the offences punishable under Ss. 498A and 506 read with Sec. 34 of IPC and Ss. 3 and 4 of Dowry Prohibition Act and now, pending on the file of 31st Additional Chief Metropolitan Magistrate, Bengaluru.

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

(3.) The case of prosecution is that on the complaint of respondent No.2 Nazi Munnisa Arshiya, filed on 17/6/2021, the police registered a case against the accused persons. It is alleged in the complaint that the complainant has married accused No.1 on 28/5/2016. At the time of marriage, the family of the complainant given four gold bangles, a necklace, 10 pairs of earrings, 13 finger rings, a bracelet, two pairs of mati, one maang tila. It is further alleged that after six months of marriage, the mother-in-law of complainant, her sister-in-law and her brother-in-law and her nephew, all started giving harassment to her. Her husband accused No.1 also demanded additional dowry. On 26/9/2019, he demanded Rs.5.00 lakhs and started abusing the complainant physically and mentally. The mother-in-law of complainant also started harassing her. On account of non payment of additional dowry, the husband of complainant, her mother-in-law and sister-in-law thrown out the complainant from the house. After discussions, Rs.2.00 lakhs paid to the accused persons. Thereafter, the accused also said to be obtained signature of the complainant on the blank papers. The mother and sister of accused No.1 were also forcing accused No.1 to get the marriage once again. Therefore, prayed for taking action against the accused persons. After registering FIR, the police investigated the matter and filed charge sheet. The petitioner is the son of sister-in-law of the complainant. He is before this Court challenging the charge sheet.