In dowry harassment cases, inclusion of aged or unrelated parties in proceedings without substantial evidence may amount to abuse of process.

ORDER :

(J.M. KHAZI, J.)

Petitioners who are arraigned as accused Nos.2 to 5 have filed this petition under Section 4 82 Cr.P.C with a prayer to quash criminal proceedings initiated against them for the offences punishable and Sections 4 98A, 506 IPC r/w Section 3 and 4 of the Dowry Prohibition Act (for short 'DP Act').

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Respondent No.2/complainant filed a private complaint under Section 200 Cr.P.C against accused Nos.1 to 5 for the offences punishable under Sections 4 98A, 506 IPC r/w Section 3 and 4 of the DP Act. The trial Court referred the same for investigation under Section 156(3) of Cr.P.C to the police. After conducting investigation, they have filed charge sheet against accused Nos.1 to 5 for the offences punishable under Sections 4 98A, 506 IPC r/w Section 3 and 4 of the DP Act.

4. In the charge sheet, it is alleged that the marriage of accused No.1 and complainant took place on 21.11.2013 at Kothari Bhavan, Bengaluru. It was a second marriage for the complainant and she was a divorcee having a daughter from the first marriage. Similarly, it was a third marriage for accused No.1, having divorced his first two wives. It is alleged that at the time of marriage accused persons demanded and received dowry in the form of gold ornaments weighing 900 gms for the bride and 150 gms for accused No.1. However, after the marriage, while complainant was staying with accused Nos.1 to 5, they harassed and ill treated her saying that she has not brought sufficient dowry up to the status of accused persons. Accused Nos.2 to 4 were instigating accused No.1 to trouble the complainant so as to force her to get additional dowry. In order to see that her daughter would be happy in the matrimonial house, her father paid ₹3 lakhs.

4.1 When complainant gave birth to a daughter, accused persons started troubling her more, saying that she has again given birth to a daughter and who is going to take care of her first daughter. They stopped paying school fees of the first daughter of complainant and forced to send her to the house of her parents. Accused Nos.1 to 5 pushed the complainant from the top of the steps, as result of which she sustained fracture and took treatment at Vikram Hospital and the expenses were born by her parents. The accused persons were forcing the complainant to get ₹2 lakhs for the business of accused No.1.

4.2 Accused No.1 was coming late in a drunken state and when questioned by complainant, he used to say that he is having an affair with one Abhilasha and she's going to help him with his business by investing money. Though father of the complainant established a separate residence for complainant and accused No.1, he stayed there for a short period. After which again started troubling and harassing the complainant. Accused persons were demanding to get a site and money and also to provide finger rings for accused Nos. 4 and 5 and they also gave life threat to the complainant.

5. In this petition, accused Nos.2 to 5 have challenged the criminal proceedings initiated against them contending that the allegations made in the complaint and the charge sheet are false. Respondent No.2 has filed the complaint with an intention to harass the petitioners and to pressurise them for her illegal demands. In order to pressurise accused No.1, unnecessarily the complainant has included the names of petitioners in the complaint. She is having an eye on the property of accused No.1 and want him to take his share and sell and invest the same in the business of her father. She also wanted ac