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2018 Supreme(Kar) 940
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JOHN MICHAEL CUNHA, J.
Jaiprakash Narain and Ors. - Petitioners
Versus
State of Karnataka and Ors. - Respondents
Criminal Petition No. 7093 of 2014
Decided On : 15-09-2018
Subject
Quashing of FIR - Abuse of Process of Court
Act Referred
CRIMINAL PROCEDURE CODE : S.482, S.164, S.169, S.170, S.2(h)
INDIAN PENAL CODE : S.354(a)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.8
Headnote
Indian Penal Code,1860 - Sections 354(A) , 4-A and 8 - Hindu Marriage Act - Section 12(1)(i) (ia) & (ib) - Seeking to quash the FIR - Seeking divorce - Whether the inherent power of the High Court under Section 482 Cr.P.C. extends to call for a report of a Mediator to test truth or falsity of allegations constituting criminal offences - Whether allegations made in the FIR make out sufficient grounds for proceeding with the investigation in Crime - whether factual or legal - Whether allegations made in FIR make out sufficient grounds for proceedin - Additional Prl. Family judge, Family Court, after giving a finding 2nd Respondent is living an adulterous life and she has deserted petitioner No. 1 and his children petitioner No.1/father has been looking after welfare of all three daughters, allowed the directed the 2nd Respondent/wife to hand over the custody of minor child Deepansha Narain to petitioner No. 1 within 15 days – Held, second respondent has initiated criminal action, has been found to be dubious and suspicious, the continuance of the proceedings against the petitioners based on said allegations would be a sheer abuse of the process of court - Minor child of the second respondent herself having narrated the circumstances in which the said letters have come into existence, it would not be expedient to permit the Investigating Agency to proceed with the investigation. Therefore, taking into consideration all the above facts and circumstances – Court proceedings initiated against the petitioners in Crime – Petition is allowed
For the Petitioner:B.L. Acharya, Sr. Advocate and P. Prasanna Kumar, Advocate.
For the Respondents: Namitha Mahesh, HCGP.
JOHN MICHAEL CUNHA, J.
1. This petition is filed under section 482 of Cr.P.C. seeking to quash the FIR registered against the petitioners in Crime No. 350/2014 by the Halasur Gate Police, Bengaluru, for the offences punishable under section 354(A) of Indian Penal Code and section 8 of Protection of Children from Sexual Offences Act, 2012.
2. The chronology of events leading to the petition are recapitulated here below:
SL. NO
DATE
EVENTS
1.
24-02-1989
The marriage between the petitioner and the 2nd Respondent was solemnized as per Hindu rites and customs
2.
Dec 1989
The 1st daughter by name Harsha Narain was born. She has now completed her BE and pursuing her Master Degree in USA.
3.
20-10-1995
The 2nd daughter by name Moksha Narain was born. She has now completed her P.U.C and pursuing her Degree course.
4.
19-01-2003
The 3rd daughter by name Deepansha Narain was born and she in now pursuing her studies in the High School.
5.
06-06-2007
The 2nd Respondent-wife deserted the company of petitioner No.1-husband and all the above said daughters.
6.
07-03-2012
The 2nd Respondent/wife took the 3rd daughter Deepansha Narain along with her.
7.
April 2012
The 2nd Respondent/wife took 2nd daughter Moksha Narain along with her. Subsequently the 1st daughter Harsha Narain also join the 2nd Respondent/wife.
8.
10-05-2012
Petitioner No.1 lodged a complaint with Basaveshwaranagar police station. At that time, the 2nd Respondent and the three daughters were secured in the police station.
The 2nd daughter came back with the petitioner/father and 1st and 3rd daughter went along with the 2nd Respondent/mother.
9.
17-06-2012
The 1st daughter Harsha Narain came back from the house of the 2nd Respondent.
10.
23-08-2012
Petitioner No.1 filed G & WC No. 174/2012 on the file of III Additional Prl. Family judge, Family Court, Bengaluru seeking custody of the minor daughter Deepansha Narain from the custody of the 2nd Respondent/wife.
11.
23-08-2012
Petitioner No.1/husband file MC No. 3094/2012 on the file III additional Prl. Family judge, Family Court, Bengaluru seeking divorce from the 2nd Respondent/wife under section 12(1)(i) (ia) & (ib) of the Hindu Marriage Act. in the said petition, the petitioner No. 1 herein has led his evidence and the case is now at the stage of recording further evidence.
12.
28-04-2014
The III Additional Prl. Family judge, Family Court, Bengaluru after giving a finding that the 2nd Respondent is living an adulterous life and that she has deserted petitioner No. 1 and his children on 06-06-2007 and that petitioner No.1/father has been looking after the welfare of all the three daughters, allowed the G & WC 174/2012 and directed the 2nd Respondent/wife to hand over the custody of the minor child Deepansha Narain to petitioner No. 1 within 15 days.
13.
05-06-2014
In MFA No. 3506/2014 filed by the 2nd Respondent/wife challenging the above said judgment and order in G & WC No. 174/2012, a joint Memo of compromise was filed under which the 2nd Respondent herein was given visitation rights to visit the children on every last Sunday of the month from 10.00 a.m. to 04.00 p.m.
The Division Bench of this Hon'ble court was pleased to dispose off the appeal as per the above said joint Memo.
14.
26-10-2014 @ 3:20pm
The 2nd Respondent lodged a complaint before the 1st Respondent-Ulsoor Gate police station against the petitioner alleging commission of offence under section 8 of the POSCO Act and Section 354-A of Indian penal code alleging that the petitioner had molested th
