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2022 DAILYLAW 1322 (KAR)

Shobha v. Office In-Charge

2022-10-10

M.I.ARUN

body2022
JUDGMENT 1. The instant petition is filed by the petitioners with a prayer to quash FIR vide Crime No.52/2018 and the charge sheet filed vide CC No.120/2019 pending on the file of the Principal Civil Judge and JMFC, Ramanagara District for the alleged offences under Ss. 323, 504, 498A, 149 and 114 of the Indian Penal Code, 1860 and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. 2. The petitioners are sisters and their brother one Raghu B.S.Gowda has married respondent no.2 herein. The marriage took place on 9/3/2017. A complaint has been lodged by respondent no.2 before the jurisdictional police on 11/10/2018 against her husband and the petitioners herein based on which C.C.No.120/2019 has been filed. 3. The case of the petitioners is that they are elder sisters of the husband of respondent no.2 and were married much prior to respondent no.2 and they have been living separately and never interfered with the family life of respondent no.2 and her husband. They do not know what differences arose between respondent no.2 and her husband and that respondent no.2 with a view to make unlawful gains has filed a false complaint against the petitioners herein. It is submitted that there was no demand for dowry from them nor have they harassed respondent no.2 as alleged. On the said grounds, it is prayed that the proceedings in CC No.120/2019 be quashed and the instant petition be allowed. 4. Per contra, respondent no.2 opposes the petition and submits that the allegations made in the complaint are true and correct and the petitioners were actively involved in demanding and receiving dowry and also in harassing respondent no.2. 5. Heard the learned counsel for the parties and perused the complaint. 6. There are allegations made against the petitioners herein in the complaint. The allegations if proved does constitute the offences alleged against the petitioners herein. Whether the allegations made are true or false is a matter of trial which can be established before the trial court. This Court in exercise of its powers under Sec. 482 of Cr.P.C., given the peculiar facts and circumstances of the case, cannot interfere in the trial. 7. For the aforementioned reasons, the petition is hereby dismissed. 8. However, it is made clear that no opinion has been expressed on the merits of the case. This Court in exercise of its powers under Sec. 482 of Cr.P.C., given the peculiar facts and circumstances of the case, cannot interfere in the trial. 7. For the aforementioned reasons, the petition is hereby dismissed. 8. However, it is made clear that no opinion has been expressed on the merits of the case. It is for the trial court to take a decision based upon the evidence which is let in before it.