A private complaint under Section 200 of Cr.P.C., was

filed by the 2nd respondent alleging that, a complaint was filed

against the petitioners accused with the BBMP for putting up

construction in violation of sanctioned plan, and when request

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was made to accused No.1 to 3 to take safety measures, at

the time of construction, accused No.4 abused the complainant

with filthy language and told his workers to put a steel rod on

the complainant when she was in terrace.

It was further alleged that, complainant's husband

had lodged a complaint on 2.10.2017, before the Tilaknagar

Police station, however, the Police issued NCR and have not

taken any action. The accused persons having came to know

about the lodging of complaint by the husband of respondent

No.2, came to the complainant's house, when she was alone,

and abused her with vulgar language and further assaulted her

and torn her clothes, and they threatened the complainant to

withdraw the complaint.

The learned Magistrate after recording the sworn

statement of the 2nd respondent took cognizance of the

offence under Section 323, 324, 354, 504, 506 of Indian Penal

code and issued summons. Taking exception of the same, this

petition is filed.

Learned counsel appearing for the petitioners

submits that, except omnibus and general allegations, there is

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no specific allegations as against each of the petitioners, as to

how, and in what manner, they abused the respondent No.2

with filthy language, and also outraged the modesty of the

complainant. He further submits that, a private complaint was

lodged with an intention to circumvent the judgment and

decree of permanent injunction restraining the respondent

No.2, and her husband from interfering with the construction

put up by the petitioners-accused herein. Hence, he submits

that, the dispute between the parties is purely civil in nature,

however, given a criminal texture to wreak vengeance and with

revengeful intent.

5.

On the other hand, learned counsel appearing for

the respondent No.2 submits that the allegations made in the

complaint clearly discloses the commission of the offences

alleged against the petitioners-accused, and the veracity of

allegations can be considered after full fledged trial, and at this

stage, the cognizance taken by the learned Magistrate does not

warrant any interference.

6.

I have examined the submissions made by the

learned counsel appearing for the parties.

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7.

Perusal of the complaint indicates that, there is no

specific allegation, except omnibus and general allegations of

abusing the respondent No.2 in a filthy language and also

outraging her modesty. The respondent No.2 has also not

produced any wound certificate to substantiate her claim that

she had sustained injuries due to the assault made by the

petitioners-accused.

8.

It is undisputed that the petitioners-accused herein

had filed a suit in O.S.No.2468/2017, before the jurisdictional

Court against respondent No.2 and also against her husband,

and the said suit was decreed on 1.9.2017, restraining the

respondent No.2 and her husband from interfering with the

construction put up by the petitioners-herein, which clearly,

implies that, the private complaint was lodged thereafter, only

to circumvent the decree for permanent injunction with an

ulterior motive to wreak vengeance against the petitioners and

with revengeful intent.

9.

The dispute between the parties arises out of

alleged illegal construction put up by the petitioners-accused

over the subject property, however, given a criminal texture,

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and in the absence of any corroborative material, the

cognizance taken by the learned Magistrate, only on the basis

of omnibus and general allegation is without any substance.

Hence, the continuation of criminal proceedings will be an

abuse of process of law.

10.

Accordingly, I pass the following:

ORDER

i)

Criminal Petition is allowed.

ii)

The impugned proceedings in C.C. No.30372/2018

on the file of II Addit