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2019 Supreme(Kar) 1642

JOHN MICHAEL CUNHA
Santhosh Padmanabha S/o Padmanabha – Appellant
Versus
State By Hanumanthanagara Police Represented By State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Rajesh Rai, Adv.
For the Respondent: Sri. I. S. Pramod Chandra, SPPII Sri. Chethan B., Adv.

ORDER :

1. Petitioner No.1 is the husband, petitioners 2 and 3 are the in-laws and petitioner No.4 is the sister-in-law of respondent No.2 (hereinafter referred to as ‘complainant’). She lodged a complaint before Hanumanthanagar police on 12.12.2015 based on which Crime No.415/2015 was registered against the petitioners herein for the offences punishable under Sections 498A r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as ‘the DP Act’ for short). After investigation, chargesheet is laid against the petitioners for the above offences. The petitioners have sought to quash the initiation of the proceedings and the submission of chargesheet against them for the above offences.

2. Heard learned counsel for petitioners, learned SPPII for the State and learned counsel for respondent No.2.

3. Learned counsel for petitioners submits that the allegations made against the petitioners are false and do not make out the ingredients of the offences alleged against the petitioners. The complainant lived with petitioner No.1 only for six years. Except alleging that during this period their relationship was not cordial and that there were some instances of d

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