KHUDSIYA BEGUM @ ZAREENA Vs. STATE

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking quashing of the entire proceedings in C.C.No.189/2014 pending on the file of the Additional Chief Judicial Magistrate at Bidar. Petitioners are arrayed as accused Nos.4, 5 and 6.

(2.) THE factual matrix that emanate from the records are that: Admittedly, a lady by name Ayesha daughter of M.D.Abdul Rahim was given in marriage to accused No.1 Shah Shamshuddin Quadri, Rohale Galli, Bidar. It is alleged that accused Nos.1 to 3 along with accused Nos.4 to 6 were residing together. At the time of marriage, they demanded dowry and in fact, they have taken dowry amount of Rs.40,551/ -, 35 grams of gold and other household articles. Husband and wife lived happily with each other for some time and thereafter, it appears husband of the complainant had been to foreign country i.e., Dubai leaving the complainant in his house at Bidar. It is alleged that other accused persons including the present petitioners started illtreating and harassing the complainant in demand of further dowry on the ground that they demanded more dowry at the time of marriage, but father of the complainant had not given such amount of dowry and gold. She could not able to tolerate the said illtreatment and harassment and therefore, she disclosed the same to her husband. In fact, her husband also supported the other family members and he was also abusing her over phone. It is also stated that there was attempt for compromise between the parties but it was not fructified. In fact, present petitioner No.1 has taken passport of the complainant and she did not return the same. Making such allegations, the complaint was lodged and the police have investigated the matter and recorded many number of witnesses who are connected with the family affairs of the complainant and in fact, almost all the witnesses have reiterated the same allegations against the petitioners.

(3.) THE case is now set down for hearing before charge. At this stage, the present petition is filed on the ground that the allegations made in the complaint do not constitute any offence as invoked by the police under Sections 498 -A, 323 r/w Section 149 of IPC and also for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961. Therefore, the entire proceedings are liable to be quashed. It is his further contention that even accepting the complaint averments, it only discloses omnibus allegations against all the accused persons and cryptic allegations are not sufficient to frame charge and proceed against the accused. Therefore, he contends that the proceedings against the petitioners are liable to be quashed.