PANDURANG KATTI Vs. STATE OF KARNATKA

JUDGEMENT

(1.) THE petitioner No. 1 herein the husband, and the petitioner No. 2 is the mother -in-law of the respondent No. 2. Challenging the registration of a case against them in Basvanugudi Women police station Cr No. 66/2003 for offenses punishable under section 498-A of the IPC and section 3 and 4 of the Dowry Prohibition Act, they have filed this petition under Section 482 of the CRPC with a prayer that the FIR may be quashed

(2.) ON 3/10/2003 at about 1 P. M the respondent No. 2 filed a complaint in Basvanuguddi Women police Station. The complaint read as under "i Trupti Katti got married to Mr. Pandurang Katti on 18th June 1999 at Gwalior , M. P My father spent around Rs. 4. 00 Lakh in marriage that includes gold worth Rs 1. 5 Lakhs. My mother-in-law was not satisfied because her demands were not fulfilled. From the First day of the marriage my mother in Law Mrs. Sulabha Katti was harassing me. But even then both husband and wife lived peacefully because my mother-in-law used to stay in jaisinghpur i am software Engineer Working with Component Insigths, Crescent Towers, Crescent Road bangalore. My husband is also a software Engineer, working with IT solutions, Bull Temple road, Bangalore. His contact numbers are: 6678322 (o) and 9845062209 (M)I delivered a male child at my parent's place Bhopal on 04-02-2003. At the time of delivery the ultrasound report showed that the child has abnormality called "duodenum Atresia" and heart problems. He underwent two major surgeries after birth, One at Bhopal and the other one at indore. My husband changed his attitude towards me after knowing about the abnormality of the child, possible expenditures and life long liability. My mother-in law was instrumental in poisoning his mind. My husband refused to spend money on the child's medical treatment. But my father spent about 4. 5 Lakhs on his medical treatment. After a lot of convincing he came to see the child after delivery when I came back to my house in Bangalore in the last week of May 2003, I stayed with him for three days. He harassed me in all respects, called his mother and compelled me to leave the house at 12:00 o'clock. I stayed at my sister's place up to 9th August 2003 for about 2 1/2 months. In the meantime I constantly tried to persuade him and go to my house but he constantly refused. He kept a condition that unless I transfer property in his name, he will not allow me to live peacefully. He wanted the following property 1. Flat No. B-002 Mantri Paradise which is in joint name of both of us, to be transferred in his name 2. Plot in Fern Habitat on outer ring road which is my sole ownership to be transferred to joint name he also said that he will not bear the expenses of the child and to arranged compromise meetings at his hometown Jaisingpur and also at Bangalore. But he and his mother were repeatedly putting the condition of transferring the property. My parents came to Bangalore on 9th August 2003, with their help I managed to get into my flat. But my husband Refused to give me the keys of the house entrance door, key of the bank locker, house telephone number etc and harassed me. I went to Mico Layout police station to seek help. The police inspector arranged counseling and mou was drawn. A copy of MOU is enclosed after the period of MOU was expired. , my mother in law came back to Bangalore on 29th september, 2003. She started giving harassment and mental torture. She said I have not brought cash dowry during marriage, also I am not transferring the property, and therefore she will not allow me to live in the flat peacefully. She said that she has come here only to harass me because i took the help of Police. After quarrelling she and my husband tried to throw me out of my flat. She also started beating me up, I went to police station with my child on 30th September 03 seeking help at night. The inspector promised me all help. During this time my mother was also admitted in St. John's hospital who underwent surgery. On 17/08/2003, the bank locker was opened by my husband in my presence, as per the MOU. The following gold ornaments were missing: he said he will not return these gold ornaments to me 1. Mangalsutra worth Rs 15000/- approx 2. My necklace ( gold ) worth Rs 28000/- approx

(3.) BANGLES Gold worth approx Rs 3000