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2024 Supreme(Kar) 331

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA, J.
Sri Viveka P. K., S/o Kaverappa P. M – Appellant
Versus
The State Of Karnataka – Respondent
Criminal Petition No. 1364 of 2023
Decided on : 03-09-2024

Advocates:
Advocate Appeared:
For the Appellant :SRI MURTHY D.NAIK, SR. ADVOCATE FOR SRI VIKRAM RAMALINGAM R., ADVOCATE)
For the Respondent: SRI JAGADEESHA B. N., ADDL. SPP, SMT. DEEPIKA, R2 PARTY-IN-PERSON

The court emphasized the need to prevent abuse of the legal process, highlighting that repeated frivolous complaints undermine genuine grievances, thus quashing the registration of offenses against the petitioners.

Headnote:(A) Indian Penal Code - Sections 323, 498A, 504, 506, 149 - Quashing of registration of crime - Petition challenges the registration of offences for alleged marital discord brought by the complainant against her husband and family members. The petitioner argued that the proceedings are an abuse of the process of law, as the complainant has a history of registering multiple cases against various individuals without merit. Court found strong evidence of mala fide intention in the complainant's actions, deeming the registration of crime baseless as it did not constitute any offence. Multiple previous accusations against different individuals proved to be unfounded. (Paras 1-21)

Findings of Court:
The registration of Crime No.48 of 2022 is quashed as it was deemed to reflect an abuse of legal process against the husband and his family.

Issues: Whether the complaints made by the complainant constitute a valid case under the relevant sections; the court examined the complainant's past conduct in filing numerous charges against several individuals.

Ratio Decidendi: The court ruled that the continuous filing of frivolous cases by the complainant warrants the quashing of the latest registration, indicating the necessity for screening such complaints to prevent misuse of the law.

Result: Criminal petition allowed, and the impugned crime registration quashed.

Table of Content
1. the initial complaint sets the context of the case. (Para 1)
2. factual background of registration of crime (Para 2 , 3)
3. court's consideration of evidence (Para 4 , 7)
4. claims of abuse of legal process (Para 5 , 6)
5. analysis of complaints and malafide intent (Para 9 , 16)
6. judicial precedents supporting quashing complaints (Para 10 , 14 , 15)
7. resulting legal conclusions to quash proceedings. (Para 11)
8. judicial observations on the implications of the complainant's actions. (Para 12)
9. final decision quashing the complaint (Para 21)

ORDER :

The petitioners are before this Court calling in question registration of a crime in Crime No.48 of 2022 registered for offences punishable under Sections 323 , 498A, 504, 506 and 149 of the IPC pending before the Civil Judge and JMFC, Kushalnagar.

2. Facts, in brief, germane are as follows:-

Accused No.1/petitioner No.1 is the husband; accused No.2, mother in law; accused No.3, father-in-law; accused No.4, grandmother and accused No.5, brother-in-law of the complainant. It is the averment in the petition that when the 1st petitioner was working with Virgin Coffee Private Limited during the year 2019, the 2nd respondent had contacted him in connection with business transactions/sale of coffee. Since then, it is the claim of the complainant, that she dealt with agro-products such as spices and coffee and had a company named Deepika Enterprises.

3. The story fast forwards to three years. On 28-08-2022, it appears that the 1st petitioner meets the complainant for the first time in Hotel Lalit Mahal Palace, Mysore in connection with a business transaction. It is then, the relationship of the 1st petitioner with the complainant blooms. On 08-09-2022, the 2nd respondent registers a complaint alleging offences punishable under Section 3 76 of the IPC barely after 15 days of the aforesaid meeting and blooming of the relationship. On 19-09-2022, it appears that the 2nd respondent registers another complaint where it is alleged that the 1st petitioner married her by appearing before the Sub- Registrar at Sakleshapur; the alleged incident had taken place on 15-09-2022 and she was abandoned in the intervening period. The impugned crime comes to be registered on 22-09-2022 before the Kushalnagar Town Police Station for the offences afore-quoted. The registration of crime has driven the petitioners to this Court in the subject petition.

4. Heard Sri Murthy D.Naik, learned senior counsel appearing for the petitioners and Sri B.N. Jagadeesha, learned Additional Special Public Prosecutor for respondent No.1. The 2nd respondent who appears in person has been absent continuously. This Court noting her absence, on 05-03-2024 listed the matter on 21-03-2024. Again on 21-03-2024, the matter was adjourned. On 28-08-2024, this Court heard the learned senior counsel for the petitioners and recorded his submissions. As a last chance, the matter was adjourned to 31-08-2024. On 31-08-2024, again there was no representation of the 2nd respondent. The matter was directed to be listed on 03-09-2024. Even on 03-09-2024, there was no representation of the 2nd respondent. Therefore, the learned senior counsel for the petitioners and the learned Additional State Public Prosecutor were heard and all available materials on record are perused.

5. The learned senior counsel for the petitioners would project gross abuse of the process of law by the 2nd respondent in registering crime after crime against different men. It is his submission that if it is viewed in a proper perspective, the 1st petitioner would be the victim of 10th crime registered by the complainant. He would submit that all documents are placed on record depicting crimes so registered by the 2nd respondent against several other persons including the 1st petitioner for offences punishable under Section 498A of the IPC that is now alleged. The learned senior counsel would submit that there is not even a speck of ingredient of the offences and the

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