Section 498A IPC applies to both legally valid marriages and relationships masquerading as such, addressing cruelty irrespective of legal status.

ORDER :

1. Petitioners in Criminal Petition 8134/2024 are before this Court seeking for the following reliefs:

a. Quash the entire Criminal Proceedings initiated against the Petitioner in C.C.No.28129/2023 for the alleged offences under Section 498A, 504, 506, 307, 494 read with section 149 of IPC and Section 3 and 4 of DP Act pending on the file of the Learned XXIV Additional Chief Metropolitian Magistrate, Bengaluru.

b. Pass such other relief’s as deems fit in the facts and circumstances of the case, in the interest of Justice.

2. Petitioner in Criminal Petition 9142/2021 is before this Court seeking for the following reliefs:

a. Quash the proceedings in C.C.No.630/2019 for the offence punishable under Section 498 (A) IPC , pending on the file of the learned III Additional Civil Judge, (Jr. Divn) and JMFC Court at Shivamogga District, in the interest of justice.

FACTS IN CRL. P. 8134/2024:

3. Respondent No.2, de facto complainant, had filed a complaint on 23-08-2016 alleging that her marriage was solemnised with the Petitioner on 17-10-2010 as per Hindu customs and rituals, after which they were both living together in Bengaluru and thereafter, since her husband had job/work at Nanjappa Life Care Hospital at Shivamogga, they had shifted to Sharavati Nagar, Shivamogga, and started residing in the house of one Jacob DeCosta.

4. In the month of July 2016, when she went for treatment to her parents' house at Bangalore and when she returned on 18-08-2016, to her surprise, she found the house had been vacated and the Petitioner and his family members had taken all the properties by colluding with the owner of the house. Hence, she lodged a complaint against the Petitioner before the Respondent No. 1 Police, based on which Crime No. 383 of 2016 was registered for offences under Section 380 of the Indian Penal Code.

5. Subsequently, Respondent No. 1 sought permission from the Learned Magistrate to include Section 143 , 114, 498 AA, read with Section 149 of the IPC , as also to add four other persons as Accused No. 2 to 5. Investigation having been completed, a final report in CC No. 690 of 2019 has been filed only against the Petitioner and the other added accused have not been charge-sheeted. The Petitioner is challenging the cognisance taken in the said proceedings.

FACTS IN CRL. P. No.8134/2024:

6. In this matter, on 07.09.2016, the statement of the very same complainant as in Criminal Petition No. 9412/2021 - Respondent No.2 has been recorded by the Head Constable in the absence of the Casualty Medical Officer, Government KC General hospital, Malleshwaram, Bengaluru stating that on 17.09.2010 Respondent No.2 had married Petitioner No.1 and at the time of marriage, Respondent No. 2’s family had given 1 kg gold, 3 kg silver and 10 lakh cash to the petitioners and thereafter, Petitioner No.1 and his family harassed Respondent No.2 complainant mentally and physically with a further demand of dowry. Petitioner No.1 had not disclosed his earlier marriage. On 05.09.2016, at about 10 pm, the Petitioners and other accused quarrelled with the complainant when the complainant questioned the marriage of Petitioner No. 1 and in this context Petitioners are alleged to have threatened the life of Respondent No.2 and other family members holding the respondent No.2, Petitioner No. 1 poured kerosene on the complainant and set her ablaze with an intention to cause a death. During that time, two unknown persons saved the complainant and informed the police. The Respondent No.2 sustained left leg burn injuries. Thereafter, when her mother and brother came to t