The central legal point established in the judgment is the limited scope of quashing criminal proceedings under Section 482 of Cr.P.C and the need for a trial to establish the veracity of allegations.

JUDGMENT

J.M. Khazi, J. - Petitioners who are arraigned as accused Nos.1 to 5 have filed this petition under Section 482 of Cr.P.C to quash the criminal proceedings initiated against them in CC No.1664/2021 for the offences punishable under Section 143, 147, 323, 325, 354, 341, 504, 506 r/w. 149 of IPC.

2. It is the case of the petitioners that concealing the fact of earlier marriage of respondent No.3, the marriage of petitioner No.1 and respondent No.3 was solemnized on 17.04.2019. After about 8-9 months of the marriage respondent No.3 and his family members started harassing and ill-treating her. While staying in her matrimonial home, petitioner No.1 came to know about the earlier marriage of respondent No.3 with one Ashwini Yallappa Balikatti and when she confronted, respondent Nos.2 and 3 abused and ill-treated her. When mediation and conciliation by the elders did not give any result, she left the matrimonial home and filed complaint on 25.01.2021 and it is registered in Crime No.10/2021. In fact on 13.02.2022 a mahazar was drawn at the matrimonial home of petitioner No.1. Misusing the said fact respondent No.2 has filed a false complaint against the petitioners alleging that they assaulted her and a charge is filed against them, which is being challenged in this petition.

3. Respondent No.1 has appeared through High Court Government Pleader.

4. Respondent Nos.2 and 3 have also appeared through Sri. A.B.Patil Advocate.

5. During the course of the arguments learned counsel for petitioners submitted that the allegations made in the charge sheet are false, frivolous and not tenable. On 13.02.2021 petitioners along with the police of Women Police Station, Hubli, had gone to the matrimonial home of petitioner No.1 to draw spot mahazar. In fact petitioner Nos.5 and 6 are the panchas for the said mahazar. At that time petitioner Nos.2 and 3 were not present and the lock was opened by one of their friends. Respondent No.3 turned up later on the advice of his counsel and after completing the drawing of the mahazar they returned. As an afterthought a false complaint came to be filed on 16.02.2021.

5.1. In fact after coming to know about the same petitioner No.1 approached the Superintend of Police, Belagavi, on 20.04.2021 and gave representation. In turn the Superintend of Police directed the investigating officer to inquiry and report without two days, but the same is ignored by him. In the circumstances the proceedings are liable to be quashed.

6. In support of his arguments learned counsel for petitioners has relied upon the following decisions:

i) Paramjeet Batra Vs. State of Uttarakhand and Others (2013) 11 SCC 673 (Paramjeet Batra's Case).

ii) Anand Kumar Mohatta and Another Vs. State (NCT of Delhi), Department of Home and Another (2019) 11 SCC 706 (Anand Kumar's Case).

iii) Babu Venkatesh and Others Vs. State of Karnataka and Another (2022) 5 SCC 639 (Babu Venkatesh's Case).

7. On the other hand the learned counsel representing respondent Nos. 2 and 3 argued and submitted that the fact of the first marriage of respondent No.2 was known to petitioner No.1. After some times she started harassing and ill-treating respondent Nos.2 and 3 to perform the marriage of her brother Shivananda or else to transfer property in her name or to give her divorce and ultimately she left the matrimonial home on 25.01.2020 and inspite of repeated attempts she did not return to the matrimonial home and has filed a false complaint. He would further submit that on 13.02.2021, after coming to know that petitioners have come to their house, when respondent Nos. 2 and 3 came to the spot, all the petitioners picked up quarrel with them and petitioner No.1 saying that the marriage of her brother is over and now she knows how to get divorce and so saying she assaulted her on left cheek as a result of which respondent No.2 lost two teeth. The other petitioners also assaulted them and in respect of the said incident she has filed complaint on 16.02.2021 and after co