Insufficient evidence to frame charges against accused Nos. 2 and 5 to 8 under the specified sections of the IPC and D.P. Act.

JUDGMENT

K. Natarajan, J. - This petition is filed by the petitioner-accused Nos. 2 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No. 13696/2021 registered by Women Police Station, East Zone, Bengaluru in Crime No. 113/2020 for the offences punishable under Sections 498A, 120B, 109, 114, 506 read with Section 34 of IPC and Sections 3 and 4 of the D.P.Act, now pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard the arguments of learned counsel for the petitioners, learned High Court Government Pleader for the respondent No. 2-State and learned counsel for the respondent No. 1.

3. The case of the prosecution is that CW.1-Smt. Mahalakshmi, wife of accused No. 1 (he is not a petitioner before this Court) filed a complaint to the police on 03.12.2020 alleging that she married accused No. 1-Naveen Kumar and their marriage was held on 15.06.2012. Accused No. 1 was not having parents, therefore, accused Nos. 2 and 5 being the uncle and aunt of accused No. 1 came forward to perform his marriage, they demanded dowry and at their instance, the dowry was given to accused No. 1 to the tune of Rs. 50,000/-cash, gold chain, watch, suit etc. and the marriage was performed by her mother and sister i.e., C.W.4 and C.W.5. After the marriage, they were having two children. Accused Nos. 3 and 4 said to be brother and sister-in-law of accused No. 1. They were residing along with accused No. 1 and the complainant. They started harassing the complainant physically and mentally. Accused Nos. 2 and 5 along with their family members used to instigate accused No. 1 and in turn accused No. 1 used to quarrel with the complainant. When accused No. 1 gets his monthly salary, accused Nos. 2 and 5 to 8 used to visit the house, stay for two to three days over there and at that time, they instigated accused No. 1 to harass the complainant and finally, there was a panchayath held in the presence of the accused, they also said to be advised the complainant to lead happy marital life with accused No. 1. Subsequently, the complaint came to be filed alleging that she came to know that accused No. 1 contacted second marriage with one Niveditha. Therefore, the complainant prayed for taking action. After registering the case, the Police investigated the matter and filed a charge-sheet which is under challenge.

4. The learned counsel for the petitioners has contended that accused Nos. 2, 5 to 8 were staying at Arasikere Taluk, Hassan District. Accused No. 1 along with accused Nos. 3 and 4 were residing in Bengaluru. Except participating in the marriage, they have not visited the house of accused No. 1. They never instigated accused No. 1 for anything. There is no specific allegation against them. Except the omnibus and general allegation against them, absolutely there is no record to show that these petitioners were harassed the complainant physically and mentally in demanding dowry or performing the marriage of Niveditha with accused No. 1. They have been falsely implicated in the case. There is no specific allegation for framing the charges against them. The trial Court also took cognizance without properly analyzing the fact of the case. Hence, prayed for quashing the charge-sheet filed against the petitioners. In support of his arguments, the learned counsel for the petitioners has also relied upon the judgment of Hon'ble Supreme Court in the case of Kahkashan Kausar @ Soman & Ors. vs. State of Bihar & Ors. in Crl.A. No. 195 of 2020 (arising out of S.L.P(Crl.) No. 6545 of 2020).

5. Per contra, learned High Court Government Pleader for respondent No. 2 and learned counsel for respondent No. 1 objected the petition and contended that the statement of CWs.7 and 8 who are the land lords of accused No. 1 have clearly stated that accused No. 1, 3 and 4 were residing together when there was a quarrel between the family. The other accused also used to visit the house of accused No. 1 often and often and they in