Continuation of criminal proceedings is not permissible when allegations are vague, lack substantiation, or amount to an abuse of process.

ORDER :

(J.M. KHAZI, J.)

These petitions are filed under Section 482 of Code of Criminal Procedure, with a prayer to quash the criminal proceedings initiated against the petitioners.

2. In Crl.P.No.9586/2022, accused No.1 Smt. Raghavi is seeking quashing the criminal proceeding initiated against her in Cr.No.56/2022 of Chikkamagaluru Women PS for the offences punishable under Sections 354D & 504 r/w Section 34 of IPC.

3. In Crl.P.No.11548/2022, accused No.2 Ms Sudha P is seeking quashing of criminal proceeding initiated against her in C.C.No.302/2022 on the file of Civil Judge and JMFC, Sringeri, Chikkamagaluru, arising out of Cr.No.10/2022 of Sringeri PS for the offences punishable under Section 498-A, 506 r/w Section 34 of IPC.

4. It is pertinent to note that the petitioner of one case is complainant in the other case.

5. Though these petitions are arising out of different crime numbers, having regard to the fact that the petitioner in one case is the complainant in other and the basic facts are common, these two petitions are clubbed together and disposed of by a common order.

6. Since Crl.P.No.11548/2022 is arising out of a crime registered at earlier point of time, it is taken for discussion first.

7. Complaint averments reveal that accused No.1 Rajendra is the husband of complainant. Accused No.3 Raghavendra is the brother of accused No.1. The marriage of complainant Raghavi and accused No.1 took place about nine years back and they are having a daughter aged 8 years. Though it was a love marriage, after the birth of their daughter, accused No.1 started physical and mental harassment to her. When she tried to find out reason, she realised that accused No.1 is having illicit relationship with accused No.2 Sudha. On 05.03.2018, complainant saw her husband i.e, accused No.1 and accused No.2 Sudha together at Belur. They used to give life threat to the complainant.

8. In this regard on 06.03.2018, she lodged complaint with Sringeri police. They summoned accused No.1 and advised him. After this, accused No.1 has thrown out the complainant and their daughter from the matrimonial home and since then she is residing in a rented house along with her daughter. Accused No.1 is staying with accused No.2 Sudha in Chikkamagaluru. He used to visit the complainant and cause mental and physical harassment to her. In this regard, accused No.3 Raghavendra called and gave threat of eliminating the complainant and her parents, if she disturb his brother i.e., accused No.1 and accused No.2 and hence the complaint.

9. In support of her petition, accused No.2 Sudha has contended that the proceedings against her is illegal and perverse. She is innocent of the offences alleged and has been falsely implicated on account of vengeance and also as counterblast to the proceedings initiated against the complainant. Even where the entire allegations in the complaint are taken to be true on its face value, they would not make out any offence. No overt acts are attributed to accused No.2. She would not come under the preview of Section 498-A as she is not related to accused No.1. Continuation of the proceedings against accused No.2 amount to abuse of the process of the Court and hence the petition.

10. So far as the complaint averments in Crl.P.No.9586/2022 are concerned, it is alleged that while complainant Sudha was studying law, accused No.1 Raghavi used to trouble her and gave threat. She is also causing trouble to her relatives and friends and making them go away from her. S