IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201583 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. MAIBOOB PASHA S/O BABU MIYA, AGE: 35 YEARS, OCC: PRIVATE EMPLOYEE, 2. SHARIPA BEGUM @ SHARIFA BI W/O BABU MIYA, AGE: 58 YEARS, OCC: HOUSEHOLD, 3. SHAHIDA BEGUM W/O KHAYUM SAB, AGE: 40 YEARS, OCC: HOUSEHOLD, 4. YASIN BEGUM @ YASHMIN PATEL W/O RAJA PATEL, AGE: 58 YEARS, OCC: HOUSEHOLD, PETITIONER NOS.1 TO 4 ALL ARE R/O RAVOOR WADI, TQ: CHITTAPUR, DIST: KALABURAGI-585225.

5. ABASALLI @ ABBAS S/O AMEENUDDIN @ AMINSAB, AGE: 78 YEARS, OCC: NIL, R/O MADANPUR OLD BUS STAND, BACKSIDE, YADGIRI, TQ: AND DIST: YADGIRI-585202.

…PETITIONERS (BY SRI GANESH NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH, HUTTI POLICE STATION, TQ: LINGASUGUR, DIST: RAICHUR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103.

2. JULEKHA BEGUM W/O MAIBOOB PASHA, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O HUTTI VILLAGE, TQ: LINGASUGUR, DIST: RAICHUR-584101.

…RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;

SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C./SECTION 528 OF BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS PURSUANT TO PROCEEDINGS IN CRIME NO.135/2024, OF HUTTI POLICE STATION, TQ: LINGASUGUR, DIST: RAICHUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 143, 147, 323, 504, 506 R/W 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, LINGASUGUR, DIST: RAICHUR.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)

This petition is filed by the petitioners being aggrieved by filing of the FIR in Crime No.135/2024 for the offences under Sections 498A, 143, 147, 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2. The brief facts of the case are as under:

The respondent No.2 filed a criminal case before the jurisdictional police stating that she married one Maiboob Pasha on 22.09.2017. Thereafter, she started residing along with him in her matrimonial home. During her stay in the said house, her husband used to harass and ill-treat her for want of additional dowry. Being aggrieved by the said harassment, she had lodged a complaint against her husband. The said complaint was withdrawn by the intervention of the elders and well-wishers.

3. Again, she started residing with her husband in her matrimonial house. Thereafter, they both led a happy married life for about 4-5 years. It is further stated that she had not begotten a child even after the lapse of several years from the date of her marriage. Hence, petitioner No.1 again started harassing her, consequently she had to leave her matrimonial home. As per the averments of the complaint, she was residing in her parents house.

4. Such being the fact, on 07.06.2024 the petitioners stated to have gone to her house and asked her to give divorce for the purpose of performing the marriage of her husband with another woman for the purpose of procuring the child. As she did not give the consent, she stated to have been assaulted and threatened with dire consequences. Hence, she lodged a complaint on 23.06.2024.

5. Heard learned counsel for the respective parties.

6. It is the submission of the learned counsel for the petitioners that this is the second complaint which she had filed against all the petitioners on the same cause of action. The earlier complaint was ended in settlement between the parties. However, again after the lapse of several years, she filed a similar complaint only in order to harass the husband and his family members which are baseless and bald allegations.

7. It is further submitted that though the alleged incident stated to have taken place on 07.06.2024, she lodged a complaint on 23.06.2024. There is an i