ORDER

1. This petition under Section 482 of Cr.P.C. is filed by accused Nos.1 to 4 with a prayer to quash the entire proceedings in C.C.No.39371/2022 pending before the Court of VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of FIR in Crime No.293/2022 registered by Chandra Layout Police Station, Bengaluru for the offences punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioners and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter is unrepresented before this Court.

3. Respondent No.2 had filed a complaint before the Chandra Layout Police Station, Bengaluru on 21.09.2022 based on which, FIR in Crime No.293/2022 was registered against the petitioners herein initially for the offences punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. In the complaint dated 21.09.2022, it is averred by the complainant that her marriage with petitioner No.1 was solemnized on 24.03.2021 and at the time of marriage, as per the demand made by accused, family of the complainant had given dowry and also gold and silver jewelry to accused No.1. In the complaint, it was further averred that even thereafter, there was a constant demand made by accused persons for payment of dowry and accused Nos.3 and 4 instigated accused No.1 for petty issues to abuse and assault the complainant. The complainant allegedly got admitted to the Hospital on 31.05.2022 as she suffered miscarriage. After discharge from the Hospital, she had gone to her parents house and ever since then, she was staying in her parents house. It is alleged that on 31.07.2022, accused persons came to complainant's parents house and after abusing the complainant and her parents, they had assaulted them. Complaint was belatedly lodged on 21.09.2022. Police after investigation have filed charge sheet against accused for the aforesaid offences. The Trial Court, after taking cognizance of the charge sheeted offences, has issued summons to the accused. Being aggrieved by the same, they are before this Court.

4. Learned counsel for the petitioners submits that there is no material against petitioners herein to proceed against them for the alleged offences. He submits that the complainant had left the matrimonial house on 31.05.2022 and thereafter, she has lodged the complaint on 21.09.2022, in respect of the alleged incident that had allegedly taken place on 31.07.2022. Therefore, it is very clear that only with an intention to coerce and harass the petitioners, a false complaint has been lodged.

5. Per contra, learned HCGP has opposed the petition. He submits that there is sufficient material to proceed against all the accused persons for the charge sheeted offences.

6. From a reading of the complaint averments, it is seen that the complainant has not given any particulars of the harassment meted out on her by accused persons. The allegations made in the complaint are omnibus in nature. In the complaint, she has stated that her mother-in-law was not allowing her to lead a normal sexual life with her husband and she was sleeping along with them. She has also further averred that accused No.1 was ill-treating her demanding sexual pleasure and when she was denying, he used to abuse and assault her. This statement of the complainant is contrary to the earlier allegations made by her against accused No.3, who is her mother-in-law. Even according to the complainant, she had left the matrimonial home on 31.05.2022 and thereafter, she had taken shelter in her parents house. According to the complainant on 31.07.2022, accused persons had come to her parents house and had abused and assaulted her and also her parents but no complaint is lodged in respect of the alleged incident that had taken place on 31.07.2022 in the house of complainant's parents. The complaint is filed after a period of more than four months from the date the complaina