IMPORTANT POINT
The central legal point established in the judgment is that the criminal proceedings can be quashed under Section 482 of the Cr.P.C if they are found to be an abuse of due process of law.

ORDER :

This petition is filed by accused Nos.1 to 3 under Section 482 of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C') for quashing the order dated 13-10-2020 passed by the Judicial Magistrate First Class Court, Devadurga, in Criminal Case No.492 of 2020 (arising out of Crime No.62 of 2020 of Gabbur Police Station) for the offences punishable under Sections 448, 504 and 506 read with Section 34 of the Indian Penal Code, 1860, (for short, ‘IPC').

2. Heard the arguments of the learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2-complainant.

3. The petitioners are arraigned as accused Nos.1 to 3 as per the F.I.R. and the charge-sheet. On the strength of the complaint filed by respondent No.2, the Investigating Officer conducted investigation and after completion of the investigation, he submitted charge-sheet against accused Nos.1 to 3 for the aforesaid offences. Thus, jurisdictional J.M.F.C. took cognizance of the complaint under Section 190(1)(a) of the Cr.P.C. in Criminal Case No.492 of 2020 and issued process against accused Nos.1 to 3 to face the trial for the aforesaid offences. Taking exception to the same, these petitioners have filed this petition under Section 482 of the Cr.P.C. praying to quash the entire proceedings pending before the trial Court.

4. Learned counsel for the petitioners has contended that respondent No.2 has filed a false case against them and it is purely civil in nature. The order of taking cognizance and issue of process against the petitioners is against the facts and material placed on record and same deserves to be quashed. Further, the order of taking cognizance and issue of process against the petitioners is against the settled proposition of law and criminal jurisprudence and the learned Magistrate has issued process against the petitioners without application of mind. It is contended that, on perusal of the entire charge-sheet material, the alleged offences punishable under Sections 448, 504 and 506 read with Section 34 of the IPC are not made out; the present criminal case has been initiated in order to cause undue harassment to the petitioners, as the civil Court granted temporary injunction in their favour in Original Suit No.32 of 2018 dated 30-11-2019. Thus, the present criminal proceedings clearly an offshoot of civil suit filed with an intention of exerting undue pressure upon the petitioners to give up their claim in the said suit. Hence, taking cognizance and issue of process by the learned Magistrate is without any substance.

5. Learned counsel for respondent No.2 would submits that the charge-sheet material clearly discloses the commission of aforesaid offences and the veracity of allegation against the petitioners would be considered only after a full fledged trial and at this stage, the cognizance taken by the learned Magistrate does not warrant any interference.

6. Learned High Court Government Pleader for respondent No.1 reiterates the submissions made by the learned counsel for respondent No.2.

7. A perusal of the material on record goes to show that the alleged incident took place on 12-5-2020 at about 2:00 p.m. and the F.I.R. was lodged on 22-5-2020, without offering any possible explanation. The Hon'ble Supreme Court in the case of STATE OF ANDHRA PRADESH v. MADHUSUDHAN RAO reported in (2008) 15 SCC 582 at paragraph No.30 held as under:

"30. Time and again, the object and importance of prompt lodging of the first information report has been highlighted. Delay in lodging the first information report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its