Though the matter is listed for admission, with the

consent of parties, it is taken up for final disposal.

2.

Heard Smt.Neeva M.Chimkod learned counsel

for the petitioner and Sri Sanjay Kulkarni learned counsel

3

for respondent Nos.2 to 5 and learned High Court

Government Pleader for respondent No.1/State.

3.

The present petition is filed under Section 482

of Cr.P.C with the following prayer :-

"To quash the impugned judgment/order

dated 05.04.2019 passed by the III Addl. District

and

Sessiosn

Judge

at

Kalaburagi

in

Cr.R.P.No.114/2018

and

confirming the

order

dated 28.09.2017 passed inC.C.No.217/2015 on

the file of the II Addl. JMFC, Kalaburagi."

4. Brief facts of the case are as under :-

The petitioner herein married respondent No.2 –

Sri Md.Abdul Quadir Ansari on 21.06.2009 as per the

Muslim customs. Thereafter, petitioner stayed in the

matrimonial house for a brief period and on 04.08.2009

because of the differences in the matrimonial relationship,

the petitioner left the matrimonial house and joined the

parents house.

4

5.

Subsequent thereto, on 08.10.2010 she has

filed a petition under Section 125 of Cr.P.C seeking

maintenance against the second respondent herein.

6.

In the said petition, it has been contended that

the second petitioner unilaterally obtained divorce by

pronouncing triple Talaq on 15.08.2010.

7.

When the petition filed under Section 125 of

Cr.P.C was being contested by the second respondent

herein, on 14.05.2011 the petitioner herein files a

complaint before the jurisdictional police under Sections

498A, 323 and 506 read with Section 34 of IPC. In the

complaint, it has been contended that on 21.06.2009 the

marriage has taken place and on 12.05.2011 at about 9.30

p.m., the accused persons visited the house of the

complainant and picked-up quarrel and abused the

complainant and also gave her a life threat and therefore

sought for action against respondent Nos.2 to 5.

8.

It is also found from the complaint averments

that there was a demand for `10.00 lakhs of cash as dowry

5

for the purpose of opening a clinic. In the complaint, it is

also mentioned that on account of non-meeting of the said

dowry amount, the complainant was not allowed to join

the matrimonial home.

9.

Jurisdictional police after registering the case

in Crime No.54/2011 on 14.05.2011, investigated the

matter in detail and ultimately filed a 'B' report.

10.

The copy of the 'B' report was served on the

complainant and she filed protest petition and the learned

Magistrate after recording the sworn statement proceeded

to go ahead with the case. The respondent Nos.2 to 5

herein challenged the said action in the Criminal Petition

No.200430/2015. A Co-ordinate Bench of this court order

dated 11.08.2015 dismissed the petition seeking quashing

of further proceedings before the learned Magistrate.

However, the learned Judge in the Coordinate Bench has

also reserved the liberty for the respondent Nos.2 to 5

herein to file discharge application before the trial court.

Taking advantage of the said observation, the respondent

6

Nos.2 to 5 herein filed an application seeking discharge.

The said application was contested by the petitioner herein

and learned trial Magistrate by order dated 28.09.2017,

dismissed the application. Being aggrieved by the same,

the respondent Nos.2 to 5 herein filed a revision petition

before the III Addl. District and Sessions Judge, Kalaburagi

in Crl.R.P. No.114/2018.

11.

Learned Judge in the first appellate Court in

the revisional court, secured the records and heard the

parties in detail and by order dated 05.04.2019 allowed

the revision petition consequently allowed the discharge

application filed in Crime No.54/2011 of Mahila Police,

Kalaburagi

for

the

offences

punishable

under

Sections 498A, 506 and 323 read with Section 34 of IPC.

12.

Being aggrieved by the same, the petitioner is

are before this court.

13.

In the petition following grounds have been

raised :-

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That, the petitioner was lodged a complaint against respo