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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Thirthachari @ H.A. Theerthachar, S/o. G. Annaiahswamy – Appellant
Versus
State Of Karnataka, Pandavapura Police Station, Represented By Spp, High Court Of Karnataka At Bengaluru – Respondent
| Table of Content |
|---|
| 1. petition under articles 226 and 227 r/w cr.p.c. (Para 1 , 2) |
| 2. allegations against accused insufficient to proceed with the trial. (Para 3) |
| 3. details of the complainant's relationship with accused (Para 4) |
| 4. court observations highlight lack of evidence supporting claims against accused. (Para 5) |
| 5. accused no.1's deceptive behavior and marriage (Para 6 , 7) |
| 6. insufficient evidence against accused nos.3 and 4 (Para 8 , 9) |
ORDER :
(J.M. KHAZI, J.)
Petitioners who are arraigned as accused Nos.3 and 4 have filed this petition under Articles 226 and 227 r/w Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.467/2022 on the file of Civil Judge and JMFC Pandavapura, for the offences punishable under Sections 354D, 406, 417, 420, 506 r/w Section 34 of IPC.
2. For the sake of convenience, parties are referred to by their ranks before the trial Court.
3. In support of the petition, accused Nos.3 and 4 have contended that they are innocent and law citizens and have not committed the alleged offences. There is no nexus between them and the alleged crime. No details of the alleged offences are forthcoming. The entire ca
The court quashed criminal proceedings against accused lacking sufficient evidence, underscoring that charges must be based on credible material to avoid abuse of the judicial process.
Criminal proceedings initiated amidst matrimonial disputes can be quashed if deemed abusive and misused, reflecting on the misuse of legal processes in civil matters.
In consensual relationships, false allegations do not constitute a criminal offence, and prosecution aimed at coercion is an abuse of the process of the court.
Prosecution cannot proceed against individuals absent specific allegations; mere familial ties do not implicate individuals in criminal conduct.
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
Criminal proceedings cannot substitute civil remedies, especially based on vague allegations without substantial proof.
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