IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200023 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. AZIM MIYA ROUF @ ABDUL AZIM MANIYAR S/O ABDUL ROUF AGE 43 YEARS,OCC : COOLIE

2. AFASARUNISA BEGUM W/O MD. ROUF MANIYAR AGE 50 YEARS, OCC : HOUSEWIFE

3. ANWAR MIYA @ MD. ANWAR S/O MD. ISMAIL SAB AGE 25 YEARS, OCC :COOLIE Digitally signed by SREEDHARAN BANGALORE SUSHMA 4. FATIMA BEGUM LAKSHMI W/O ABDUL NAYIM Location: High Court of Karnataka AGE 43 YEARS, OCC : HOUSEWIFE

5. SAMINA BEGUM W/O MD. ANWAR AGE 43 YEARS, OCC : HOUSEWIFE, ALL ARE RESIDENT OF UMAR COLONY, AZADPUR ROAD, KALABURAGI.

…PETITIONERS (BY SRI. GANESH NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH MAHILA POLICE STATION KALABURAGI CITY, DIST : KALABURAGI, REPRESENTED BY ITS ADDL. SPP HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH, DIST : KALABURAGI 585103

2. SHAEDA BEGUM @ SAIDABI W/O ABDUL RASHID AGE 35 YEARS OCC : HOUSEHOLD, RESIDENT OF UMAR COLONY, AZADPUR ROAD, KALABURAGI 585107.

…RESPONDENTS (BY SRI.GOPAL KRISHNA YADAV, HCGP FOR R1;

SRI.B.K.HIREMATH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO EXERCISE INHERENT POWERS U/SEC. 482 OF CR.PC, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS PENDING BEFORE THE I ADDL. CIVIL JUDGE AND JMFC COURT AT KALABURAGI IN CRIME NO. 23/2021, KALABURAGI WOMEN PS (C.C.NO.13170/2022) FOR THE OFFENCES UNDER SECTIONS 489A,323,504,506,109,149 IPC AGAINST THE PETITIONERS IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

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

1. This petition has been filed by the petitioners, who are the accused Nos.3 to 7 in Crime No.23/2021 of respondent - police and C.C No.13170/2020 pending on the file of I Additional Civil Judge and JMFC Court at Kalaburagi for the offences punishable under Sections

498A, 323, 504, 506, 109 r/w 149 of IPC.

2. The ranks of the parties before the Trial Court will be considered as it is, henceforth in this petition for convenience.

Factual matrix of the case:

3. The case of the prosecution is that, the marriage of respondent No.2 was solemnized with accused No.1 on 30.04.2008 at Mukta Village as per their customs. At the time of marriage, her parents had given gold ornaments along with cash and spent money for wedding purposes. After the marriage, she started residing along with the family members of her husband. She was taken care of nicely for two months, thereafter, the accused started harassing and demanding her to bring additional dowry from her parents' house.

4. It is further stated that, she went to her parents' house and borrowed Rs.1,00,000/- from her father and gave it to accused No.1. Again, she was asked to bring additional dowry from her parents. As she could not meet their demands, she was harassed and tortured by her husband and in-laws on one or the other pretext. Consequently, she was thrown out of her house. Therefore, she started residing with her parents in their house. Again, her husband was demanding her to bring money as he wished to go to abroad.

5. It is stated that she had adjusted the money and gave the same to her husband to go to abroad. Her husband stayed there for 5 years and came back to India. She went to meet her husband, at that time, again the family members have insisted her to bring additional amount to clear the debt of her husband by stating that her husband had borrowed heavy loan for the purpose of going abroad.

6. On 15.11.2020 around 12.00 noon, her husband and in-laws went to her parents' house and started assaulting her. The said quarrel was pacified by the intervention of her father. Therefore, she lodges a complaint against her husband and in-laws.

7. Heard Sri.Ganesh Naik, learned counsel for the petitioners, Sri.Gopal Krishna Yadav, learned High Court Government Pleader