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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE Mr.JUSTICE H.P.SANDESH

CRIMINAL PETITION No.822 OF 2021

BETWEEN:

Mrs.ASHWINI HEMANTH,

W/O K.HEMANTH,

AGED ABOUT 28 YEARS,

NO.424,

SHREE SATYANARAYANA NILAYA,

6^TH MAIN, 6^TH CROSS,

MSR NAGAR,

BENGALURU – 560 054.

….PETITIONER

(BY SRI SAMARTHA.S., ADVOCATE)

AND:

1.

STATE REPRESENTED BY

POLICE INSPECTOR,

YESHWANTHPUR P.S.,

BENGALURU – 560 022

REPRESENTED BY SPP,

HIGH COURT BUILDING,

BENGALURU – 560 001.

2.

Smt.LEELA,

W/O SAMPANGIRAMAIAH,

AGED 57 YEARS,

NO.58, 17^TH MAIN ROAD,

BNS L/O BEHIND JP PARK,

2

MATHIKERE,

BENGALURU – 560 004.

…RESPONDENTS

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

SRI B.CHANDRAHASA RAI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO (1) SET ASIDE THE ORDER OF

TAKING COGNIZANCE IN C.C.NO.18193/2020 ON THE FILE

OF

THE

24^TH

ACMM,

BENGALURU

PRODUCED

AT

ANNEXURE-A (2) QUASH THE ENTIRE PROCEEDINGS IN

C.C.NO.18193/2020 AT ANNEXURE-A AND CONSEQUENTLY

THE

FIR

IN

CR.NO.262/2019

REGISTERED

UNDER

SECTIONS 506, 341, 420, 504, 34, 323, 354 OF IPC ON

28.10.2019 PRODUCED AT ANNEXURE-B AS AGAINST THE

PTITIONER.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ADMISSION,

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

O R D E R

This petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 praying this Court to quash

the proceedings in C.C.No.18193/2020 against the

petitioner who has been arraigned as accused No.6 and

pass any such other order that deems fit in the facts and

circumstances of the case.

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2.

The factual matrix of the case is that the

second respondent herein has filed the complaint before

the police stating that there was a financial transaction

between the complainant and the petitioners herein. One

Satyanarayana was running chit business and the

complainant is also a partner of the said chit business.

As the said Satyanarayana suffered loss in the chit

business, he also took financial assistance from the

complainant. In view of the relationship between the

parties, there was an agreement between the parties to

perform the marriage of the petitioner herein with the

son of the complainant and subsequently the same was

cancelled. It is also alleged in the complaint that on

30.05.2019 at about 7.30 p.m., the said Satyanarayana

and his family members who are accused Nos.1 to 5 went

near the house of the complainant and handed over Rs.5

Lakhs to the complainant and expressed that they are

able to give only that much amount. When the

complainant questioned regarding the balance amount,

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the said Satyanarayana scolded the complainant in filthy

language and also caused life threat to her. It is also

alleged in the complaint that one month prior to lodging

of the complaint, when the complainant and her son went

to the house of the accused to ask regarding the balance

amount, which was due from the said Satyanarayana, the

said Satyanarayana and his family members assaulted

the complainant and her son and kicked them out of their

house. Hence, the complainant lodged the complaint

against the said Satyanarayana and his family members

and requested the first respondent police to take action

against them.

3.

Based on the complaint dated 28.10.2019

lodged by the second respondent/complainant, the police

registered a case in Cr.No.262/2019 against accused

Nos.1 to 5 for the offences punishable under Sections

341, 323, 354, 420, 504, 506 r/w 34 of the Indian Penal

Code. The police recorded further statement of the

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complainant dated 30.10.2019 and had also recorded 164

statement

of

the

complainant

before

the

learned

Magistrate on 22.01.2020. The police after registration of

the case and investigation of the matter filed the charge-

sheet and in the charge-sheet, the petitio