Criminal proceedings should not be sustained against distant relatives in matrimonial disputes and dowry cases without specific allegations of their involvement in the crime.

JUDGMENT

1. The petitioners are before this Court calling in question the proceedings in Criminal Case No.259/2020 pending before the Senior Civil Judge and JMFC, Kudligi for the offences punishable under Ss. 323 and 498A of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'the DP Act').

2. Heard Shri Aravind D. Kulkarni, the learned counsel appearing for the petitioners and Shri Ramesh Chigari, the learned HCGP appearing for respondent No.1- State and Sri Basavanagouda T., learned counsel appearing for respondent No.2-complainant.

3. Brief facts leading to filing of the present petition as borne out from the pleadings are as follows : The 2nd respondent is the complainant. The 1st petitioner-accused No.1 is the husband of complainant. The 2 nd petitioner-accused No.2 is the father-in-law of the complainant. The 3rd petitioner is the mother-in-law. Petitioner No.4 is the brother-in-law. Petitioner Nos.5, 6 and 7 are sisters-in-law. The relationship of the parties to the lis is as stated herein above. The 1st accused and the complainant get married on 8/7/2019. The relationship between the 1st petitioner and the complainant appear to have turned sore and according to the complaint, the complainant leaves matrimonial house and resides with her parents owing to two factors. One for harassment by the husband and other owing to her avocation as she was a Teacher. The complaint is registered on 10/2/2020. Prior to the registration of the complaint, the first petitionerhusband had instituted proceedings under Sec. 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights.

4. The competent Court before whom the proceeding with regard to restitution of conjugal rights was instituted issues notice on the respondent-wife and the said notice is served by the complainant wife on 18/1/2020. Immediately on receipt of the notice on 18/1/2020, the complainant registers the complaint on 10/2/2020. Pursuant to the said complaint, a FIR is registered for the offence punishable under Sec. 498A of IPC and Ss. 3 and 4 of the D.P.Act. The Police after investigation have also included the offence punishable under Sec. 323 of IPC. It is at that juncture the petitioners have knocked the doors of this Court.

5. The learned counsel Sri Aravind D. Kulkarni, appearing for petitioners would vehemently argue and contend that there is no allegation worth the name in the complaint against any of the petitioners. Even according to the complainant, she has stayed in the matrimonial house only for 2-3 days and there being no allegation. The family members simply dragged into the criminal proceedings. It is infact the 1st petitioner, who is wanting the complainant to come back and he has also instituted proceedings for restitution of conjugal rights.

6. On the other hand, the learned counsel appearing for respondent No.2-complainant would vehemently refute the same and seek to submit that it is a matter of trial that the petitioners have come out clean.

7. I have given my anxious consideration to the submissions made by the respective counsel and have perused the material on record.

8. Since the entire issue springs from the complaint and I deem it appropriate to extract the complaint for the purpose of quick reference:

9. A perusal at the complaint would indicate certain overt acts by the husband, which the complainant narrates that he used to torture the complainant after getting drunk and also harass the complainant demanding the salary that the complainant had earned for 10 to 12 years. The further statement recorded by the Police while investigation also indicates that the allegations are against the husband in its entirety. Insofar as the other members of the family, the mother-in-law, father-in-law, brother-in-law or sisters-inlaw there is even not whisper of allegation in the entire complaint, as a matter of fact, the sisters-in-law do not even reside with the couple.

10. The observations of the Police while filing the charge