N.C. UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ACCUSED Nos. 1 to 3 and 4 to 6 in Crime No. 469/2010 registered by MICO Layout Police Station, within the jurisdiction of VI Addl. Chief Metropolitan Magistrate Court, Bangalore, are before this Court in these two criminal petitions.

(2.) ADMITTEDLY , the aforesaid crime is with reference to offences punishable under Sections 498A and 323 IPC, read with Sections 3 and 4 of the Dowry Prohibition Act. It is seen that petitioners in Crl.P. No. 3931/2013 are accused Nos. 1 to 3 i.e., husband, father -in -law and mother -in -law of 2nd respondent -complainant. So far as Crl.P. No. 2395/2011 is concerned, accused Nos. 4, 5 and 6 are the sisters -in -law of 2nd respondent -complainant. The offences alleged against all the six accused are one and the same. Subsequently, the husband of 2nd respondent -N.C. Umesh has filed a petition in M.C. No. 3559/2010 pending on the file of Prl. Judge, Family Court, Bangalore, for the relief of decree of divorce against the complainant -R. Sahana.

(3.) HOWEVER , it is the case of petitioners in both the petitions that pursuant to the decree of divorce, 2nd respondent -R. Sahana as well as 1st petitioner in Crl.P. No. 3931/2013, namely, N.C. Umesh, have subsequently entered into marriage with different persons. 2nd respondent -Sahana has not come before Court to fulfill her obligation in terms of the settlement for withdrawing the complaint filed by her. Hence, in the present proceedings, notice was served on her and though notice was served, she has not come before Court.