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2024 Supreme(Online)(Kar) 38332

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6340 OF 2022 BETWEEN:

1. SMT.B. SHAKUNTHALAMMA W/O LATE B.NARASAPPA AGED ABOUT 59 YEARS R/AT: C/O. NARASAPPA B., HOSURU, 2ND WARD KALLUKAMBA, BELLARY TALUK BELLARY DIST. – 583 113.

2. SRI BASAVARAJA ALIAS BADIGERU BASAVARAJA S/O LATE B.NARASAPPA AGED ABOUT 38 YEARS GOVERNMENT SCHOOL TEACHER R/AT: C/O. NARASAPPA B., @

NARASANNA B., Digitally signed HOSURU, 2ND WARD by NAGAVENI Location: HIGH KALLUKAMBA, BELLARY TALUK COURT OF BELLARY DIST. – 583 113.

KARNATAKA

3. NAGARAJAPPA ALIAS KAMMARI NAGARAJU ACHARI S/O K.BASANNA ACHARI AGED ABOUT 67 YEARS SENIOR CITIZEN R/O NO.1-3, 104, BASAPURAM, ADONI KURNOOR DISTRICT ANDHRA PRADESH – 518 302.

4. THATA ALIAS B. SHANMUKHAPPA S/O NAGAPPA AGED ABOUT 73 YEARS SENIOR CITIZEN R/O 1ST WARD, GOUDARA ONI KALLUKAMBA, BELLARY TALUK BELLARY DIST. – 583 113.

…PETITIONERS (BY SRI G.J.SUNKAPUR, ADVOCATE)

AND:

1. STATE BY WOMEN POLICE STATION DAVANAGERE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

2. SMT. BHAVYA B., W/O SURESH AGED ABOUT 30 YEARS R/O DOOR NO.545 S.M.KRISHNA NAGAR KONDAJJI ROAD DAVANAGERE CITY – 577 001.

…RESPONDENTS (BY SRI HARISH GANAPATHI, HCGP FOR R-1;

SRI P.JAGANNATHAN, ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONERS, IN CR.NO.81/2022 OF WOMEN POLICE DAVANAGERE FOR THE OFFENCE P/U/S.3 OF DP ACT 1961 AND U/S.498-A, 323, 504, 506, 114 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE 2nd ADDITIONAL CIVIL JUDGE (Sr. Dn.) AND JMFC COURT, DAVANAGERE WHICH ARE MARKED AS ANNEXURE-B AND C BY HOLDING THAT THE SAME IS ILLEGAL AND ABUSE OF PROCESS OF LAW.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioners - mother, brother and other relatives of the husband of the 2nd respondent/complainant are before this Court calling in question the registration of a crime in crime No.81 of 2022 for the offences punishable under Sections 498A, 323, 504, 506, 114 r/w Section 34 of the IPC.

2. Heard Sri G J Sunkapur, learned counsel appearing for petitioners, Sri Harish Ganapathi, learned High Court Government Pleader appearing for respondent No.1 and Sri P Jagannathan, learned counsel appearing for respondent No.2.

3. Facts in brief germane are as follows:

The 2nd respondent is the complainant. Petitioners are accused Nos.2 to 5. The relationship between the complainant and accused Nos.2 to 5 are that they are Mother-in-law, Brother-in-law and other relatives. Accused Nos.1/husband who is not before the Court gets married to the complainant on 10-11-2010. The relationship between the husband and the wife appear to have floundered. Floundering of the relationship once led the wife to leave the house of the complainant and go missing. It appears a missing complaint was registered on 09-11-2020 which resulted in filing of a charge sheet and later the matter is said to have been closed. The impugned complaint comes to be registered on 14-05-2022 by the 2nd respondent-complainant alleging certain torture meted out by the husband and other members of the family. Registration of the crime is what has driven the petitioners to this Court in the subject petition.

4. Learned counsel for petitioners taking this Court through the documents appended to the petition demonstrates that the petitioners/family members of accused No.1/husband are all dragged into the web of the crime without any rhyme or reason, as these were the persons who went to the house of the complainant to settle the dispute between the husband and wife to bring about truce, which did not come about, but resulted in registration of the impugned crime. He would seek quashment of registration of the crime against these petitioners.

5. Learned counsel for the 2nd respondent/complainant would submit that on the date of the incident, all of them had come to the house of the complainant. In front of these petitioners, it is the husband who is said to have assaulted the complainant. The allegation against the petitioners is that they have provoked the husband for such assault. Therefore, it is his submission that these petitioners are appropriately arraigned as accused and further proceedings must be permitted to be continued against them.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts are not in dispute. The issue, at this juncture, lies in a narrow compass. The complaint registered on 14-05-2022 has led to registration of the crime in Crime No.81 of 2022 and therefore, I deem it appropriate to notice the complaint, it reads as follows:

“ಇವ(cid:5)(cid:6)ೆ , (cid:8)(cid:9)ೕ(cid:11)ಇ(cid:12)(cid:13)(cid:14)ೆಕ(cid:16)(cid:17) , ಮ(cid:19)(cid:20)ಾ(cid:8)(cid:9)ೕ(cid:11)(cid:22)ಾ(cid:23)ೆ

.

(cid:24)ಾವಣ(cid:6)ೆ(cid:26)ೆ , (cid:27)ಾನ(cid:29)(cid:26)ೆ , 30 , , : :

(cid:30)(cid:31)ೕಮ ಭವ(cid:29)ಗಂಡಸು(cid:26)ೇ’ ವಷ)*ಶ,ಕಮ)ಜ.ಾಂಗ/ಾಸ 0ೋ(cid:17)ನಂ

545 : 7899926538 ಎ(cid:11)ಎಂಕೃಷ4ನಗರ6ೊಂಡ78ರ9ೆ:(cid:24)ಾವಣ(cid:6)ೆ(cid:26)ೆ;<ೈ>ನಂ ಆದ , ' , .ಾನು6ೊಡುವದೂರುಏ.ೇಂದ(cid:26)ೆ .ಾನುBೕಲDಂಡ*(cid:20)ಾಸದ(cid:9)E/ಾಸ/ಾFದುG ನನ(cid:6)ೆ

:10-11-2010 H.ಾಂಕ ರಂದುಬ(cid:20)ಾJ(cid:5)7KೆEಕಲುEಕಂಬ(cid:6)ಾ(cid:31)ಮದ/ಾLMಾದಸು(cid:26)ೇ’ತಂ(cid:24)ೆ ನರಸಪP ಇವ(cid:26)ೊಂH(cid:6)ೆ ನನQ ತಂ(cid:24)ೆ RಾSಗಳU ನನQ ಗಂಡನ <ೇV6ೆಯಂRೆ Xಾಗೂ

1 , 7 , , ಒRಾ:ಯದಂRೆ ಲZರೂನಗದು Rೊಲಬಂ(cid:6)ಾರಬ[ೆ(cid:16)ಬ(cid:26)ೆ\ಾಂ0ೆ9ಾಮೂನುಗಳನುQ]ೕV

5 ನಮ^RಾSಯವರುಸು(cid:27)ಾರು ಲZರೂಖಚು)(cid:27)ಾVಬ(cid:20)ಾJ(cid:5)ಯ(cid:14)ಾವ) ಕKಾ(cid:29)ಣ .

ಮಂಟಪದ(cid:9)EಅದೂG(cid:5)MಾF*/ಾಹವನುQ(cid:27)ಾV6ೊd(cid:16)ದGರು */ಾಹದನಂತರ.ಾನುನನQ , ಗಂಡನ ಊ(cid:26)ಾದ ಬ(cid:20)ಾJ(cid:5)ಯ(cid:9)E ನನQ ಗಂಡ.ಾದ ಸು(cid:26)ೇ’ ಅRೆ: ಶಕುಂತಲ ಮತು: Bೖದು.ಾ.ಾದ ಬಸವ(cid:26)ಾf ಇವ(cid:26)ೊಂH(cid:6)ೆ /ಾಸ/ಾFರುವ 6

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