LAWS(KAR)-2015-4-296

BASAVARAJ DUGANI AND ORS. Vs. STATE AND ORS.

Decided On April 07, 2015
Basavaraj Dugani And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) THE petitioners have sought for quashing the proceedings in Cr. No. 239/2013 of Kodigehalli Police Station registered for the offence under Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter called as 'DP Act' for short) and Sections 498A, 504 and 323 read with Section 34 IPC.

(2.) THE facts reveal that the third petitioner is the son of petitioners 1 and 2 and the marriage of third petitioner was held on 10.05.2012 at Atria Hotel, Palace Road, Bangalore with Deepa, the complainant and it is alleged by her that at the time of marriage, a sum of Rs. 25,00,000/ - was spent by her parents and gold ornaments weighing about 800 grams were given in addition to golden ring, bracelet, chain weighing about 100 grams in all and diamond ring worth Rs. 2,25,000/ - and 14 kgs of silver articles at the request of second petitioner. The third petitioner who is the husband of complainant returned to India from United States for the purpose of marriage and after the marriage, he left his wife and returned to Boston, United States.

(3.) RELIANCE is placed by the learned Counsel for petitioner on the decision rendered by the Apex Court reported in : 2013 (13) SCALE 559 (Lalita Kumari v. Government of UP and Others). The Apex Court in its judgment dated 12.11.2013 has given certain directions in para 111 as regards the procedure to be adopted by the police in registration of the crime, particularly for the offence relating to matrimonial dispute, commercial offence, medical negligence, corruption case etc.,