Hovamma W/o. G. R. Ramegowda v. State By Women Police Station, Rep. by State Public Prosecutor
2021-03-22
H.P.SANDESH
body2021
DigiLaw.ai
JUDGMENT : This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the Crime No.40/2019 and charge sheet registered against the petitioners for the offences punishable under Ss. 498A, 506 read with 34 of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 ( 'DP Act' for short). 2. The factual matrix of the case is that the second respondent has filed a complaint before the police making the allegation that respondent No.2 was subjected to cruelty and also caused the life threat. It is also an allegation that before the marriage they demanded for the dowry amount and also received an amount of Rs.2.00 Lakhs. Subsequent to the marriage, they insisted to transfer the house in favour of the petitioners. Based on the complaint, the police have registered a case, investigated the matter and filed the charge sheet. 3. The learned counsel appearing for the petitioners would vehemently contend that prior to registration of this case, a compliant was given to the Women Police Station and Women Police have called both the parties and advised and also issued an endorsement stating that the complainant sought for closure of the case and not having jurisdiction to register the case. The learned counsel vehemently contend that the present complaint is filed only with a malafide intention of harassing the petitioners, who are the in-laws and the sister of accused No.1. There are no materials to proceed against the petitioners herein. 4. Per contra, learned counsel for respondent No.2 would submit that during the marriage talks, the witnesses have also participated and their statements were also recorded. CWs.3 to 7 have categorically made the statement before the police with regard to the demand and acceptance of the dowry amount. CW.1 categorically says that they insisted them to transfer the house as agreed prior to the marriage. There are sufficient materials to proceed against the petitioners herein. 5. Per contra, Learned High Court Government Pleader for respondent No.1/State would reiterate the grounds urged by learned counsel for respondent No.2 and further contend that the overt acts allegation of causing of threat as stated by the complainant and she was subjected to cruelty. 6.
There are sufficient materials to proceed against the petitioners herein. 5. Per contra, Learned High Court Government Pleader for respondent No.1/State would reiterate the grounds urged by learned counsel for respondent No.2 and further contend that the overt acts allegation of causing of threat as stated by the complainant and she was subjected to cruelty. 6. Having heard the arguments of the respective counsel and on perusal of the complaint, the specific allegations are made herein against the petitioners herein that they have participated in the marriage talks, demanded the dowry and accepted an amount of Rs.2.00 Lakhs. It is further alleged that, they demanded house and subsequently after the marriage they insisted to transfer the house as agreed earlier. It is also recorded in the statement of witnesses that apart from receiving an amount of Rs.2.00 Lakhs, they have also lent an amount of Rs.2.00 Lakhs and the witnesses who have participated as CWs.3 to 7 in the marriage talks given the statements before the Investigating Officer. When the demand and acceptance are stated in the complaint and also in the statement of witnesses, it is not a fit case to exercise the powers under Sec. 482 of Cr.P.C. The disputed questions involved in the matter cannot be decided under Sec. 482 of Cr.P.C. The truthfulness of statement of witnesses have to be ascertained only during the course of the trial. 7. Having considering the material on record and the statement of witnesses, it is not a fit case to exercise the powers under Sec. 482 of Cr.P.C. 8. In view of the discussions made above, I pass the following: ORDER The petition is rejected. In view of rejection of the main petition, I.A.No.1/2021 for stay does not survive for consideration and the same stands disposed of.