SUSHMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent No.2 Smt. Chaitra W/o Amarnath, having lodged a complaint on 07.03.2015, Hubli Dharwad Women Police registered a case in Crime No.7/2015, for the offences punishable under Ss.498-A, 323, 504, 506, 149 of IPC and under Ss.3 and 4 of Dowry Prohibition Act, 1961 against Amarnath and 6 others, including the petitioner (A7), and submitted the FIR to the JMFC II Court, Dharwad. Investigation having been taken up by the police, this petition was filed under S.482 Cr.P.C., to quash the FIR and the complaint, in so far as they relate to the accused No.7.

(2.) The allegations in the FIR, in short, is that the marriage of the complainant was solemnised with Amarnath (A1), on 27.11.2013 and she was subjected to cruelty and dowry harassment by her husband and his relatives. The complainant has alleged that her husband is having an affair (illicit relationship) with the petitioner and is not properly taking care of her and committed the acts of physical assault, abuse in vulgar language and illtreated, both physically and mentally. Apart from demand for dowry, cruelty and the harassment, the complainant has made certain other allegations against Amarnath and his relatives and the same being unnecessary to decide this petition, are not noticed in detail.

(3.) The petitioner, a married woman and living with her husband, filed this petition, contending that the naming of her in the impugned complaint / FIR is with ulterior motive and there is abuse of process of law.