This petition is filed by the petitioner-accused

No.4 under Section 482 of Cr.P.C., for quashing the

criminal proceedings in C.C.No.1469/2016 on the file

of

III

Additional

Chief

Metropolitan

Magistrate,

Bengaluru

related

to

the

Crime

No.204/2015

registered by the Magadi Road Police, Bengaluru, for

the offences punishable under Sections 341, 323, 504,

506, 498 (A) read with 34 of IPC and Sections 3 and 4

of Dowry Prohibition Act.

Heard learned counsel for the petitioner

and learned HCGP for respondent No.1 and learned

counsel for the respondent No.2.

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3.

The case of the prosecution is that on the

complaint of respondent No.2, case came to be

registered by Magadi Road Police Station, Bengaluru,

on 25.06.2015 alleging that she had married to the

accused No.1, the brother of this petitioner on

08.03.2015 and prior to the marriage the accused

Nos.1 to 3 and this petitioner had come to the house

and demanded 300 gms of gold and Rs.3 lakhs cash,

as dowry and her father had agreed to give Rs.2 lakhs

of gold, accordingly on 07.02.2014 the engagement

was performed. Subsequently, she married and went

to the house of parents-in-law where the accused

Nos.1 to 3 along with this petitioner started harassing

her physically and mentally by demanding additional

dowry. Again she further states that the accused

Nos.2 and 3, parents-in-law and this petitioner did not

allow her brother-accused No.1, to stay with her until

she pays Rs.50 lakhs or to bring site. Again on

17.05.2015 all these accused persons demanded

Rs.15 lakhs and she came to the house and informed

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to her parents. Again on 23.05.2015 the accused

persons came to the house of the complainant and

informed that she requires counseling as she is

suffering from psychiatric problem and returned

without taking her back to the matrimonial house.

Later she herself and her mother went to the house of

accused persons, they did not allow her and thrown

her out of the house and tried to squeeze her neck.

Therefore, the panchayath also held on 07.05.2015

and 09.06.2015 and accused persons did not mend his

way. Thereafter on the eve of Ashada month her

parents brought her back to the husband house and

thereafter accused came and thrown her out of the

house.

After

registering

the

case

the

police

investigated the matter, filed charge sheet and being

aggrieved by the same petitioner/accused No.4, the

sister-in-law of the complainant is before this Court.

4. The learned counsel for the petitioner

contended that there is no specific allegation against

this petitioner except omnibus statement made

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against the petitioner and she is from Kerala-Alleppey.

The petitioner living with her husband and son in

Kerala and recently her husband went abroad and she

is also preparing to go abroad. The complainant has

falsely included her name which amounts to abuse of

process of law. In support of his contention he relied

on the case of Kahkashan Kausar @ Sonam & Ors

Vs. State of Bihar and Ors in Crl.A.No.195/2020

(arising out of S.L.P.(Crl.)No.6545/2020 for

quashing petition.

5. Per contra the learned HCGP seriously

objected that there is averments made in the

complaint that the accused and this petitioner also

joined

the

mother-in-law

and

harassed

the

complainant and there is sufficient material placed on

record to frame the charges.

6. Having heard the arguments and on perusal

of records, ofcourse it is admitted fact that she is

married to accused No.1 and accused Nos.2 and 3 are

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parents-in-law and this petitioners is sister-in-law of

the complainant. The learned counsel submits the

petitioner was residing in Alleppey in Kerala along with

her husband and son. However, the learned counsel

also submits as her husband is in abroad now it is not

acceptable that she was alone in Kerala and did not

come to the house of the parents. However, the

arguments made against accused No.1 who is

husband and the accused No.2 were parents-in-law

that they demanded dowry of Rs.3 lakhs and had

agreed to r