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.11570/2020 on the file of XXXVIII

ACMM, Bengaluru for the offences punishable under

Sections 498(A) and 506 of IPC and Sections 3 and 4 of

Dowry Prohibition Act, 1961.

2.

Heard learned counsel for the petitioners and

learned HCGP for respondent No.1-State. Respondent

No.2 serviced and unrepresented.

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3.

The case of the prosecution is that on the

complaint of one respondent No.2, police registered case

against the petitioner and others and filed charge sheet. It

is alleged that the accused Nos.1 and 3 and this petitioner

is said to have demanded dowry thereafter physically and

mentally had harassed and demanded for more dowry

from the complainant. Hence charge sheet came to be

filed against the petitioner which is under challenge.

4. Learned counsel for the petitioner seriously

contended that the accused Nos.1 and 3 and complainant

were staying together in the house and this petitioner

residing at Bangalore and working in a Bank at Bangalore.

She has never harassed the complainant and in complaint

lodged by the complainant herself to the police on

16.12.2019 before Women Police Station, Koppal and the

same was closed, in that the complainant has not

whispered any thing against this petitioner and after

closing of that complaint, the complainant filed the present

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complaint against this petitioner without any allegation.

Hence, prayed for quashing the same.

5.

Learned counsel for the petitioner submits that

the proceedings against the co-accused Nos.5 and 6 have

been quashed by the co-ordinate bench of this Court in

Crl.P.No.4588/2021 dated 01.12.2021 and the allegation

against this petitioner also being the same, hence prayed

for quashing this petition.

6. Learned HCGP seriously objected for the same.

7. Upon hearing the arguments and on perusal of the

records and charge sheet, which reveals that the entire

allegation is against the accused Nos.1 and 3 and the

accused Nos.4 and 5 are implicated. The complaint lodged

by complaiant before the Koppal police does reveals the

name of this petitioner and about the ill treatment and no

other allegation is made against this petitioner who is said

to be working at Bangalore and also residing at Bangalore.

She is the sister of accused No.1 and the complainant once

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again filed complaint with Basavanagudi Womens Police

Station and making so many allegation against accused

nos.1 and 3 and she has stated this petitioner with the

other accused have asked her to stay in separate room

and there is no specific allegation against this petitioner

where she was not residing in the house with the

complainant and she has also harassed the complainant.

Merely mentioning and adding the name of the petitioner

as she is the sister-in-law along with others is not to

attract ingredient of Section 498(A) of IPC. Also the co-

ordinate bench having quashed the proceedings against

the accused No.5 and 6 and this petitioner also having

similar allegation which is not dispute. Such being the

case the criminal proceedings against this petitioner

deserves to be quashed.

The petition is allowed, consequently.

The criminal proceedings against accused persons in

C.C.No.11570/2020

on

the

file

of

XXXVIII

ACMM,

Bengaluru for the offences punishable under Sections

6

498(A) and 506 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961, is hereby quashed.

Sd/-

JUDGE

AKV