PUTTAYYA Vs. STATE OF KARNATAKA; SHIVALILA

JUDGEMENT

(1.) The petitioner, who is named as accused in C.C.No.77/2015, on the file of the Senior Civil Judge and JMFC, Hangal, for the offences punishable under Sections 323, 324, 498A and 504 of the IPC R/w. Sections 3 and 4 of the Dowry Prohibition Act, 1961, has preferred this petition seeking to quash further proceedings of the said case.

(2.) The 2nd respondent who is the wife of the petitioner has lodged a complaint dated 31.12.2014 with the 1st respondent police against the petitioner alleging that the petitioner, after marrying her, has started harassing her by demanding dowry and jewels at the instance of his parents. The police who registered the complaint in Crime No.209/2014 for the offences punishable under Sections 323, 324, 504 and 498A of the IPC R/w. Sections 3 and 4 of the Dowry Prohibition Act and the police after investigating the complaint have filed charge sheet for the offences punishable under Sections 323, 498A and 504 of the IPC and submitted charge sheet before the Civil Judge (Sr.Dn.) and JMFC, Hangal. The trail Court, registering the case in C.C.No.77/2015 on its file, ordered summons to the petitioner/accused. The petitioner aggrieved by the charge sheet submitted by the police and registration of the case by the learned Magistrate, has preferred this petition under Section 482 Cr.P.C. seeking to quash further proceedings in C.C.No.77/2015.

(3.) In this petition, the petitioner and the 2nd respondent, who are husband and wife have filed an application under Section 320 of Cr.P.C. along with their affidavits praying to quash further proceedings in C.C.No.77/2014 pending on the file of the Senior Civil Judge & JMFC Court, Hangal.