IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3659/2014 BETWEEN:
B Shravan Kumar Iyer S/o M.V. Bala Subramanyam Aged about 38 years Residing at No. Flat No. G-2 House No. 18-35/1 3rd cross, 1st Main Marenahalli, Vijayanagar Bangalore – 40. …Petitioner (By Sri B. A. Belliappa - Advocate) AND:
1. Station House Officer Hulimavu Police Station Bangalore R/p by its S.P.P High Court Building Bangalore – 01.
2. Sudha K W/o B Shravan Kumar Iyer Aged about 34 years (present Address) R/o 1252, 5th Stage Opp. New Horizon School BEML Layout, R.R. Nagar Bangalore – 98. ...Respondents (By Sri Vijayakumar Majage, Addl. SPP for R-1; Sri B.L. Sanjeev – Advocate for R-2) This Criminal petition is filed under Section 482 of Cr.P.C. by party-in-person praying to quash the proceedings in Crime No. 357/14 dated 26.05.2014 pending on the file of the V ACMM, Bangalore registered by the Hulimavu P.S. Mico Layout Sub- Division.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioner; learned counsel for respondent No.2 and learned Additional SPP for respondent No.1 and perused the records.
2. Petitioner is aggrieved by the registration of FIR against him in Crime No.357/2014 for the alleged offences punishable under Sections 498A of IPC.
3. At the first instance, Respondent No.2 filed a complaint against the petitioner alleging that the petitioner has been harassing her mentally by using abusive language and that he was staying away from the house for long duration and almost all the times he used to come home late night at 12.00 a.m. or 2.00 a.m. The said complaint was registered in NCR 316/2014 on 18.5.2914 and was closed after recording the statement of the petitioner as well as his wife. Thereafter Respondent No.2 submitted a second complaint on the same set of allegations and based on the complaint instant FIR is registered against the petitioner.
3. On perusal of the complaint, I do not find any averments therein making out the ingredients of any criminal offence much less the offence punishable under Section 498A of IPC. The allegations made in the complaint even if accepted in totality would only go to show that the alleged dispute is domestic in nature and an offshoot of is a matrimonial difference between the parties. Since the averments in the complaint do not disclose the ingredients of Section 498A of IPC, registration of FIR and consequent investigation commenced by the respondent cannot be sustained in the facts and circumstances of the case.
4. For the above reasons, the petition is allowed.
The FIR and all further proceedings arising out of Crime No.357/2014 registered in the Hulimavu Police Station, Mico Layout Sub-division and pending on the file of V ACMM, Bengaluru City, are quashed.
Sd/- JUDGE *alb/-. Ct:b