SURYAKANTH Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings against the petitioners/accused Nos.1 to 12 in C.C No.4575/2023 (arising out of Crime No.39/2023) registered by the Women Police, Kalaburagi Police Station, for the offence punishable under Sec. 498(A), 323, 504 and 506 r/w Sec. 34 of IPC, pending on the file of I Additional Civil Judge and JMFC, Kalaburagi.

(2.) The factual matrix of the case is that, respondent No.2 married petitioner No.1 i.e., accused No.1-Suryakanth in the year 2003 and during the marriage, she paid dowry in the form of 15 grams of gold and other household articles. After the marriage, she resided along with her husband and in-laws/accused persons, initially for a period of 2 years cordially. Thereafter, the petitioners started harassing her. Later, her husband went to Bengaluru for livelihood in the year 2016. Subsequently, respondent No.2 also joined him and started to reside with him in Bengaluru. During that time, accused No.1 addicted for bad vices and he used to harass her both physically and mentally.

(3.) In the year 2019, during COVID pandemic, accused No.1 came back to his village Udnoor and started to reside along with other petitioners. Though respondent No.2 made an attempt to reach him, he never responded to her call. Finally, on 11/11/2022 at about 07.30 p.m., when respondent No.2 along with her relatives i.e., CW4 to CW11 went to the house of accused No.1 at Udnoor, by that time, it was came to her knowledge that her husband performed the second marriage. When she questioned the same, all accused persons abused her in filthy language and accused Nos.1, 2, 4 and others assaulted her and thrown her out of the house. Hence, she lodged a complaint before respondent No.1-Police on 20/3/2023 against the petitioners, which came to be registered in Crime No.39/2023 for the aforementioned offences. Subsequently, respondent No.1-Police investigated the case and laid charge sheet against all the petitioners/accused. The learned Magistrate took cognizance of the offences. Aggrieved by the same, the petitioners preferred this petition to quash the proceedings.