IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6695/2015 BETWEEN:
ARIF.A, S/O MOHAMMED AGED ABOUT 28 YEARS R/O RAHMANIA MANZIL ULIYATHADKA HOUSE, MADHUR POST, KASARGOD DISTRICT KERALA STATE-671123 ….. PETITIONER (BY SRI. B LETHIF, ADVOCATE) AND:
1.STATE OF KARNATAKA, REPTD. BY MANGALORE EAST POLICE, DAKSHINA KANNADA DISTRICT, REPTD. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001 2.VIJAY S, S/O SELVARAJ, AGED ABOUT 21 YEARS, R/A II FLOOR, COSTA"S COMPOUND, DEREBYLE, KONCHADI, MANGALORE, DAKSHINA KANNADA DISTRICT-574231.
3.USHA @ SALMA, W/O ARIF A D/O SELVARAJ, AGED ABOUT 22 YEARS PERMANENT RESIDENT OF THIRUVALLUVAR SALAI, GANDHI MARKET, MERKU, VODDANCHATRAM, DINDIGUL, TAMIL NADU-624619.
PRESENTLY STUDYING IN A J MEDICAL COLLEGE, MANGALORE DAKSHINA KANNADA DISTRICT-574103.
... RESPONDENTS (BY SRI. I.S.PRAMOD CHANDRA, SPP II FOR R1, SRI. M.N.NEHRU, ADVOCATE FOR R2, SRI. PRATHEEP K.C., ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME No.158/2015 OF MANGALURU EAST POLICE STATION, MANGALURU, DAKSHINA KANNADA AGAINST THE PETITIONER PENDING ON THE FILE OF THE LEARNED COURT OF JMFC-II, MANGALURU, DAKSHINA KANNADA DISTRICT ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER This petition is filed under Section 482 of Cr.P.C., seeking to quash the FIR in Crime No.158/2015 registered for the offences punishable under Sections.365, 366 and 368 of IPC.
2. Respondent No.2 is the brother of the victim. He filed a complaint on 08/09/2015 alleging that his sister namely, Usha/respondent No.3 was abducted by the petitioner herein on 04/09/2015.
3. Learned counsel for petitioner submits that petitioner himself had filed a Habeas Corpus Petition in W.P.No.134/2015 and in the said proceedings, the victim – respondent No.3 was secured and she expressed her desire to go with her parents and accordingly, petition was closed on 14/10/2015. He further submits that in the said order, the Division Bench of this Court has specifically observed that there was no illegal detention by the petitioner. He further submits that the allegations made in the complaint do not make out the ingredients of Sections. 365, 366 and 368 of IPC. The victim was a major. She herself accosted the petitioner to live with him. Prima facie, the allegations do not disclose commission of the above offences. He further submits that respondent No.3 had no grievance whatsoever against the petitioner. It is only respondent No.2, has set the criminal law into motion with some ulterior motive. Under such circumstances, this is a fit case to quash the proceedings.
4. Learned SPP-II appearing for respondent No.1 submits that investigation has been completed and charge sheet is already laid against the petitioner for above offences and the case is committed to the Sessions Court for trial in S.C.N.22/2019 and is pending on the file of the III Additional District and Sessions Judge at Mangaluru.
5. Learned counsel appearing for the petitioner points out that on 01/10/2015, learned SPP-II was directed to inform the investigating officer not to issue coercive steps against the petitioner till disposal of the petition. Therefore, submission of the charge sheet is not proper.
6. Learned counsel for respondent No.2 submits that on account of the sudden disappearance of respondent No.3, complaint was lodged by respondent No.2, but in Habeas Corpus proceedings, respondent No.3 having expressed her desire to live with her parents, complainant is not interested to pursue the complaint.
7. In the light of the above submissions and having regard to the fact that the allegations made in the charge sheet do not prima facie disclose the commission of the offences punishable under Sections. 365, 366 and 368 of IPC, in my view, the proceedings initiated against the petitioner for the above offences are liable to be quashed.
Accordingly, petition is allowed. The FIR in Crime No.158/2015 registered for the offences punishable under Sections.365, 366 and 368 of IPC and all consequent proceedings arising therefrom are hereby quashed.
Sd/- JUDGE Msu