SARITHA SEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.7866/2022 is filed by the petitioners- accused Nos.2 to 5 and Crl.P.833/2023 is filed by petitioner-accused No.1 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.32748/2014 in respect of Crime No.386/2013 registered by Thilaknagar Police Station, Bengaluru, for the offences punishable under Ss. 498A, 506, 324 read with Sec. 34 of the Indian Penal Code, 1860 (for short ' IPC ') and Ss. 3 and 4 the Dowry Prohibition Act, 1961 (for short 'D.P. Act'), pending on the file of the XXXVII Additional CMM, Bengaluru.

(2.) Heard the arguments of learned 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 the petitioners is that on the private complaint filed by respondent No.2, the learned Magistrate referred the complaint under Sec. 156(3) of the Cr.P.C. and in turn, the Police registered FIR and filed the charge-sheet. It is alleged by respondent No.2 that she has married accused No.1 on 10/3/2008 and the same was registered before the Sub-Registrar of Marriage on 18/6/2009. At the time of marriage, the father of respondent No.2 paid Rs.15.00 lakhs towards dowry and later, accused No.1 and complainant started residing at 1st Block, Jayanagar, Bengaluru. Accused No.5 who is the sister-in-law of the complainant used to torture the complainant for money as she and her husband were jobless. The complainant was only the working hand, therefore, they were blackmailing and demanding money from her. Accused No.1 used to assault her physically by demanding more dowry. The complainant obtained Rs.1,50,000.00 from her mother and given to the accused for wedding of the brother of accused No.1. They went on increasing the harassment. She has deposited Rs.1.00 lakh in the account of accused No.5 and subsequently, they demanded money for the marriage of accused No.5, when she was six months pregnant and they demanded Rs.25.00 lakhs to give to Shravanti-accused No.5 as dowry. Then she was forced to transfer Rs.8.50 lakhs. At the time of naming ceremony of daughter of the complainant, again they demanded money and her parents could not arrange any money, at that time, accused No.1 was absconding. Subsequently, the family members of accused No.1 changed their numbers and later, she came to know that accused No.1 was working in a new name along with his father, daughter and his mother at Gurgaon in March 2013. She tried to meet them, but they were reluctant to meet her and recently she came to know that the accused persons trying to marry some other lady to accused No.1. Hence, she went to Gurgaon on 30/9/2013. After seeing her, they started assaulting the complainant. They tried to squeeze her neck and threatened with dire consequences and they caused injury. Accordingly, the complaint came to be registered and charge-sheet has been filed which is under challenge.