Sri Ganesh Naik, learned counsel for petitioners and

learned High Court Government Pleader for respondent

No.1 have appeared in-person.

This petition is filed under Section 482 of

Cr.P.C., seeking quashing of the criminal proceedings

against the petitioners in Crime No.184/2020 registered by

the Shahapur Police Station for the offences punishable

under Sections 143, 147, 323, 498A, 504, 506 R/w Section

149 of IPC in C.C.No.738/2020, now pending on the file of

Civil Judge and JMFC at Shahapur.

Sri

Ganesh

Naik,

learned

counsel

for

petitioners submits that petitioners are innocent and they

have been falsely implicated by the respondent-Police at

the instigation of the complainant.

Next, he submits that if the entire complaint and

further statement are perused, it is very vague and there

is no specific allegation against the petitioners. At any

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point of time, there was no cruelty as alleged by the

complainant.

A further submission is made that the husband and

wife lived happily and due to some difference of opinion,

the wife was constrained to live apart and she took shelter

at her parental house at Dorananahalli village, Shahapur

Taluk, Yadgir District.

It is submitted that initiation of proceedings seeking

restitution of conjugal rights under Section 9 of the Hindu

Marriage Act by the wife itself depicts that there is no

harassment of whatsoever nature by the petitioners.

Learned counsel therefore, submits that respondent No.2

has falsely implicated the petitioners as accused and the

Trial Court without taking note of these relevant factual

matrix has taken cognizance.

Learned counsel vehemently contended that the

allegations made against in-laws are in the nature of

general omnibus allegations. No prima facie case is made

5

out against the petitioners and therefore, the criminal

proceedings are liable to be quashed.

To substantiate his contentions, learned counsel has

relied on the decision of the Hon'ble Apex Court in

Kahkashan Kausar @ Sonam & Ors. Vs. State of Bihar

& Ors. reported in 2022 SCC OnLine SC 162.

Accordingly, he submits that the prayer sought in the

petition may be granted.

Learned

High

Court

Government

Pleader

submits that the court is justified in taking cognizance of

the offences.

Next, he submitted that admittedly, petitioners have

subjected respondent No.2 to cruelty. It is also submitted

that the averments in the complaint would show that

there is a harassment and there is a dowry demand. After

the investigation, charge sheet is filed against the

petitioners. Hence, he submitted that prima facie case is

made out against the petitioners. After perusal of the

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charge sheet, the Court has taken cognizance of the

offences. Accordingly, he submits that the petition is

devoid of merits and the same is liable to be dismissed.

Heard the contentions urged on behalf of the

parties and perused the papers with care.

6.

The complainant one Smt. Sujata W/o

Mallikarjun Kalmani, who happens to be the wife of

accused No.1 lodged a complaint against the petitioners

and accused No.1 on 07.07.2020. It is stated that their

marriage was solemnized about five years back and they

lived happily. It is also stated that the husband has

discharged his matrimonial obligations.

It is also stated that during pregnancy, there were

some medical issues with regard to the delivery of child

and in that regard, there was a quarrel and exchange of

few words between the family members. Hence, wife -

Sujata was constrained to live apart from the family

members and she took shelter at her parental house at

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Doranahalli village, Shahapur Taluk, Yadgir District.

Thereafter, the wife filed a petition seeking restitution of

conjugal rights under Section 9 of the Hindu Marriage Act,

1955.

However, on the basis of the complaint, respondent-

Police have registered a case in Crime No.184/2020 and

the matter was investigated and charge sheet came to be

filed against the petitioners and another alleging that the

petitioners and