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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 6^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.200331/2019

BETWEEN:

1. Mohd. Abdul Salam

S/o Mohd.Abdul Samad Alam

Age : 38 years, Occ : Social Worker,

R/o Peer Bangali Layout, Ring Road,

Kalaburgi.

2. Syed Kareem Mohd. Hussaini,

S/o Syed Iqbal Peeran Hussaini,

Age : 28 year, Occ : Private Service,

R/o Peer Bangali Layout, Ring Road,

Kalaburgi.

… Petitioners

(By Sri Gopalkrishna B.Yadav and

Sri M.A.Jagirdar, Advocates)

AND:

1. The State of Karnataka,

Through Police Sub-Inspector,

Vijayapur.

2. Nasruddin S/o Babusab Takka,

Age : 45 years, Occ: Business,

R/o Shahapur, Agasi Bidioni,

2

Near Urdu School, No.10,

Vijayapur.

… Respondents

(By Sri Sharanabasappa M.Patil, HCGP for R1;

Sri S.S.Mamadapur, Advocate for R2)

This Criminal Petition is filed under Section 482 of

Cr.P.C

praying

to

quash

the

proceedings

in

C.C.No.125/2018 arising out of Crime No.55/2018 of

Golbumbaz Police Station registered for the offences

punishable under Sections 504 and 506 read with

Section 34 of IPC pending before the Hon’ble JMFC Court,

Vijayapur.

This petition coming on for Admission this day, the

Court made the following:

O R D E R

The petitioners have filed this petition under

Section 482 of Code of Criminal Procedure (for short,

‘Cr.P.C’)

for

quashing

the

proceedings

in

C.C.No.125/2018 arising out of Crime No.55/2018 of

Golgumbaz Police Station registered for the offences

punishable under Sections 504 and 506 read with

Section 34 of Indian Penal Code (for short, ‘IPC’).

2.

The brief facts leading to the case are that

the complainant/respondent No.2 is resident of

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Vijayapur and is possessing Mobile No.7411603332

and on 14.12.2017 morning at 10 O’clock the accused

No.2 i.e., petitioner No.2 called through his mobile

No.9611788707

to

the

mobile

of

complainant/

respondent No.2 and abused him in vulgar language

asserting that he is visiting Arkat Darga and

threatened him that if he again visits the said Darga

he would assault and cause his death and also abused

his mother and brothers. It is also alleged in the

complaint that the petitioner No.2/accsued No.2

abused the complainant through mobile at the

instance of petitioner No.1/accsued No.1. On the basis

of the complainant, the Investigating Officer has

registered

the

case

in

Crime

No.55/2018

and

subsequently after completing the investigation the

Investigating Officer submitted the charge sheet.

Thereafter, the learned Magistrate i.e., Principal

Senior Civil Judge and Chief Judicial Magistrate,

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Vijayapur has taken cognizance of the above said

offences

and

issued

summons

to

the

present

petitioners.

3.

Being

aggrieved

by

the

issuance

of

summons the petitioners have approached this Court

for quashing the proceedings.

4.

The learned counsel for the petitioners

would contend that the complaint is lodged in

collusion with police officials and a false complaint has

been filed. The petitioner No.1/acused No.1 has been

implicated on false allegation that he is instigated

petitioner No.2/accused No.2. That nothing has been

seized from the custody of petitioners and recording of

the photo clippings is also not produced and the

offences under Sections 504 and 506 of IPC are non-

cognizable and sanction is not obtained. Hence, he

would submit that the prosecution itself is only to

harass without there being any material and hence, he

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has sought for allowing the petition by quashing the

proceedings.

5.

Per

contra,

the

learned

High

Court

Government Pleader for respondent No.1/State as well

as

the

learned

counsel

for

respondent

No.2/complainant submit that the petitioners have

indulged in the act of commission of offence and

petitioner No.2 has threatened the complainant by

abu