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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.2038 OF 2021

BETWEEN

1.

Mrs. Likhitha R.,

Aged about 29 years,

W/o. Mr. N.Rohan,

D/o. Mr. Enugu Ramakrishna Naidu

2.

Mr. Enugu Ramakrishna Naidu,

Aged about 58 years,

S/o. Mr. E.Chandrappa Naidu,

Both are Residing of

10-18, Cattle Farm,

Palamaner, Nagamangalam,

Chittoor, Andhra Pradesh-560076.

&Petitioners

(By Sri. Gunashekar, Advocate)

AND

1.

The State by

Marathahalli Police Station,

Marathahalli,

Represented by

The State Public Prosecutor,

2

High Court Complex,

Bengaluru-560001.

2.

Mr. N.Rohan,

Aged about 39 years,

S/o. Mr. R.Narayanappa,

Door No.665, 7^th Cross,

Minnekolala, Marathahalli,

Bengaluru-560037

&Respondents

(By Sri. K.S.Imam and K.S.Khadar,

Advocates for R2 - Absent,

Sri. Mahesh Shetty, HCGP for R1)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash the FIR in Cr.No.62/2020

registered on 03.02.2020 by the respondent No.1 based

on the complaint of the 2^nd Respondent and registered

as Cr.No.50788/2020 in the file of the XXIX A.C.M.M.,

Court Mayo Hall, Bengaluru for the offence punishable

under Sections 420 of IPC, (Annexure-A).

This Criminal Petition coming on for admission this

day through video conferencing, the Court made the

following:

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ORDER

Heard the learned counsel for the petitioner and

the

learned

High

Court

Government

Pleader

for

respondent No.1-State. Counsel for second respondent

are absent.

2.

This is a petition under Section 482 of

Cr.P.C., for quashing FIR in crime No.62/2020 registered

by the first respondent police station for the offence

punishable under Section 420 of IPC. Perusal of the FIR

shows that the marriage of the first petitioner with

second respondent took place on 12.02.2012 at

Palamaner. Thereafter the first petitioner came to

Bengaluru to lead life with second respondent. It

appears that there arose some differences between the

first petitioner and the second respondent and it

resulted in a case being registered under the provisions

of Protection of Women from Domestic Violence Act,

2005. It appears that a matrimonial dispute was

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registered

in

M.C.No.7/2019

at

Magistrate

Court,

Palamaner, Chittoor District. The petitioners9 counsel

has produced copies of depositions of witnesses PW1

and PW2 in DVC No.4/2018 on the file of the Judicial

Magistrate First Class at Palamaner. PW1 in DVC Case is

the first petitioner herein. In the cross examination, she

has stated that respondents 1 to 4 therein deposited an

amount of Rs.5,00,000/- in her account for securing a

job. In the FIR which is sought to be quashed, it is

stated that Rs.5,00,000/- was transferred to the Bank

account of the first petitioner-Likhitha. The allegation in

the FIR is that the petitioners, having received the

money from second respondent, have resorted to making

false complaints in order to threaten and harass him.

3.

If the contents of the FIR are seen, it is not

understandable as to how the allegations made therein

will constitute an offence punishable under Section 420

of IPC. If the second respondent and his parents have

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deposited Rs.5,00,000/- in the bank account of first

petitioner to enable her to secure a job, how does it

amount to a case of cheating, is not understandable.

Mere filing of criminal cases cannot be brought within

the scope of cheating. Therefore I don9t find that any

offence under Section 420 of IPC is constituted as

mentioned in the FIR. This is a fit case for invoking

jurisdiction under Section 482 of Cr.P.C. Therefore the

following:

ORDER

Petition is allowed.

FIR in Crime No.62/2020 registered by

the first respondent-police station is quashed.

Sd/-

JUDGE

Kmv/-