MUSTAQ AHMED KHAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) MARRIAGE of petitioner No. 1 with respondent No. 2 was solemnized on 24.11.2005. Petitioner Nos. 2 and 3 are the parents of petitioner No. 1 and petitioner No. 4 is the sister of petitioner No. 1 and daughter of petitioner Nos. 2 and 3. On the basis of a complaint lodged by respondent No. 2, on 22.10.2008, respondent No. 1 registered a case in Crime No. 153/2008 against the petitioners for the offences punishable under Sections 498(A), 506 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The learned Magistrate having taken cognizance and ordered issuing of the summons, this petition was filed to set aside the order dated 04.03.2009 passed in C.C. No. 41/2009 by the IV Additional Civil Judge (Sr. Dn.) and JMFC, Mysore i.e., taking cognizance against the petitioners for the offences under the aforesaid sections and in directing issuance of process against the petitioners and consequently to quash the entire proceedings of the said case.

(2.) BY an order dated 14.07.2010, the petition as against petitioner No. 1 - accused No. 1 was dismissed as not pressed. This petition having been confined for consideration of the cases of petitioner Nos. 2 to 4, notice was ordered to the respondents.

(3.) LEARNED HCGP, on the other hand, by making reference to the complaint dated 22.10.2008 of the respondent, submitted that there being no abuse of process of Court and since trial of the case is called for, this petition being devoid of merit may be dismissed.