1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.5672 OF 2020

BETWEEN:

ASIF FARUK KADAWALA

S/O MR.FARUK KADAWALA

AGED ABOUT 43 YEARS

R/AT 6^TH FLOOR, MEENA MAHAL

7^TH ROAD, BANDRA WEST

MUMBAI-400050.

& PETITIONER

(BY SRI.JEETIN SEHGAL, ADVOCATE FOR SRI.HIREMANI HASAN

SHAIKALI, ADVOCATE)

AND:

1.

THE STATE BY

PULIKESHI NAGAR POLICE STATION

BENGALURU

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560001.

2.

SMT.SARAH ASIF KADAWALA

W/O ASIF KADAWALA

AGED ABOUT 32 YEARS

R/AT 51, OLD THIPPASANDRA

80 FEET ROAD, 3^RD CROSSLANE

INDIRA NAGAR

BENGALURU-560008.

2

ALSO AT:

HOUSE No.7, 2^ND FLOOR

ACHUTHARAYA MUDALIAR ROAD

FRAZER TOWN, BENGALURU

KARNATAKA-560005.

& RESPONDENTS

(BY SRI.H.R.SHOWRI, HCGP FOR R1;

SRI.BASAWA PRASAD KUNALE ADV.,FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO A) QUASH AND SET ASIDE THE FIR

No.44/2020

DATED

21.02.2020

FOR

THE

OFFENCES

P/U/Ss.354(B),354(D),506,376,447,354 OF IPC AND SECTION

66(C) AND 66(E) OF INFORMATION TECHNOLOGY ACT, 2000,

REGISTERED

WITH

PULIKESHI

NAGAR

POLICE

STATION,

BENGALURU AGAINST THE PETITIONER HEREIN.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 01.04.2021, THIS DAY, THE COURT

PRONOUNCED THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash and set aside an FIR in Crime No.44/2020

dated 21.02.2020 registered at Pulakeshinagar Police Station,

Bengaluru, for the offences punishable under Sections 354(B),

354(D), 506, 376, 447, 354 of IPC read with Section 66C and

66E of the Information Technology Act, 2000 (8the IT Act, 20009

for short) and direct the Investigating Officer not to take any

coercive action against the petitioner.

3

2.

The factual matrix of the case is that, respondent

No.2 had lodged a complaint at the first instance against accused

No.1 making the allegation against him that on 13.02.2020 in

the night at 9 p.m., he trespassed her house and snatched her

mobile and when she demanded to return the mobile, he

assaulted her. It is also an allegation that forcibly he made her

to remove her clothes and when she started screaming he closed

her mouth and forcibly committed rape on her and spilled the

sperm on her face. It is also alleged in the complaint that

thereafter he called the house owner and he did not help her.

Accused No.1, sent her personal photos and other information,

which were in her mobile to her relatives and friends. It is also

an allegation that by making use of the bank application

available in the mobile, he got transferred the amount of

Rs.61,000/- to his account and also destroyed her passport.

Hence, requested to take the action against accused No.1. In

pursuance of the complaint, the police have registered a case

against accused No.1 at the first instance. Thereafter, one more

complaint was given on 20.08.2020, in addition to the earlier

complaint. In the said complaint, an allegation is made against

the present petitioner that before shifting to Bengaluru on

4

28.12.2019, she had filed a Domestic Violence complaint in the

Amboli Police Station, Andheri, Mumbai and also a Domestic

Violence case in Andheri Magistrate Court. It is alleged in the

complaint that accused No.1, illegally handed over the said

iphone 7 plus to her husband Asif Faruk Kadawala, Asif has

hijacked her phone with his Laptop (name-Asif hp Window 6)

and misused several personal data, details, photos and chats of

her and presented the same as an evidence in the ongoing case

of Domestic Violence which she had filed against the petitioner

herein and his family, which is pending before the Magistrate

Court, Andheri, Mumbai. It is also alleged in the complaint that

she had also attached an attested copy from the Magistrate

Court, Andheri, M