Criminal proceedings for dowry harassment and cruelty cannot be quashed under Articles 226 and 227 when there are specific allegations and prima facie medical evidence, as disputed factual claims must be tested during trial.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF INDIAN CONSTITUTION R/W 482 OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE PROCEEDING IN CR.NO. 114/2019, S.C.NO. 5/2021 FOR THE OFFENCES PUNISHABLE U/S 498A, 307 OF IPC AND 3, 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE III ADDL DIST AND SESSIONS JUDGE, RAMNAGARA AT RAMNAGARA. AND ETC.,

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioners being accused Nos.1 to 3 in Crime No.1147/2019 of Ramanagara Women Police Station, pending in SC No.5/2021 on the file of the learned III Additional District and Sessions Judge, Ramanagara, registered for the offences punishable under Sections 498A , 307 of Indian Penal Code (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act (for short 'DP Act') are seeking to quash the criminal proceedings initiated against them.

2. Heard Sri. Vasim Pasha, learned counsel for Sri.Sirajuddin Ahmed, learned counsel for the petitioners, Sri.Rangaswamy R, learned HCGP for respondent No.1 and Smt. Gowhar Unnisa, learned counsel for respondent No.2. Perused the materials on record.

3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is:

"Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?"

My answer to the above point is in the 'Negative' for the following:

REASONS

4. Respondent No.2 lodged the first information against the petitioners alleging that petitioner No.1 being the husband, petitioner Nos.2 and 3 being the mother and sister of accused No.1 have ill-treated respondent No.2. It is the contention of respondent No.2 that she married accused No.1 on 01.07.2017 and from the wedlock, a girl child was born on 07.04.2018. Accused No.1 at the instance of accused Nos.2 and 3 started abusing the informant that she is not good looking and he does not like her. There was a demand for additional dowry and he used to harass respondent No.2 in the matrimonial house. She was forcefully dropped near her

parental house on 28.02.2019. On 02.03.2019, accused No.1 along with accused No.2 came to her parental house, abused and assaulted her with hands. The first information was lodged before East Police Station and the police have registered NCR.No.35/2019. Since the petitioners undertook to take respondent No.2 back to matrimonial house and treat her properly, no criminal case was registered. However, the petitioners have not bothered to take her back and therefore, the first information as filed was registered in Crime No.114/2019. After investigation, the charge sheet came to be field for the above said offences. Now the matter is pending in SC.No.5/2021.

5. It is the contention of learned counsel for the petitioners that the police complaint came to be filed without any basis. Even though, it is stated in the further statement of the informant that the incident had occurred on 02.03.2019, the petitioners have produced the whatsapp chats between accused No.1 and respondent No.2, which discloses that throughout the day, they are in whatsapp chat and hence, the incident as alleged could not have been occurred. The first information lodged by the informant and the further statement

of the witnesses disclose that the incident had also occurred on 02.03.2019 at 11:30 am, where it is alleged that accused have traveled to Bengaluru to see the informant and have ill-treated respondent No.2 by demanding additional dowry.

6. The wound certificate pertainin