IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7655/2018 BETWEEN:
1. MR. BALAJI H.P AGED ABOUT 40 YEARS S/O PARATHA SARATHI.
2. VASANTHA LAKSHMI AGED ABOUT 65 YEARS W/O PARATHA SARATHI R/AT NO.26/B, 9TH CROSS WEST PARK ROAD MALLESHWARAM BANGALORE – 560 003.
... PETITIONERS (BY SRI. JOSEPH ANILKUMAR A., ADVOCATE) AND:
1. STATE OF KARNATAKA BY SANJAY NAGAR POLICE STATION, BANGALORE – 560 094 REP. BY S.P.P., HIGH COURT BUILDING, BENGALURU -01.
2. CHAKRAVATHY SHESHADRI S/O SHRINIVASACHAR AGED ABOUT 72 YEARS # 122, F2 VIJAY RESIDENCY 6TH MAIN, POSTAL COLONY SANJAY NAGAR BANGALROE – 560 094.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED:22.05.2018 IN C.C.NO.20502/2018 ON THE FILE OF VIII ADDL.C.M.M., BENGALURU VIDE ANNEXURE-A AND QUASH ALL THE PROCEEDINGS IN C.C.NO.20502/2018 PENDING BEFORE THE VIII ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498(A) AND 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Joseph Anil Kumar, learned Advocate appearing for petitioner and Sri Rachaiah, learned HCGP appearing for respondent-State. Perused the records.
2. Petitioners are facing prosecution for the offences punishable under Sections 306, 498A read with Section 34 IPC registered in C.C.No.20502/2018 and they have sought for quashing of said proceedings.
3. Marriage between petitioner and deceased Smt.Smitha came to be solemnised on 16.06.2008 at Bengaluru and deceased is said to have left matrimonial home in the year 2009 on account of difference of opinion having arisen between the parties, which resulted in intervention of the well wishers and family members including elders from the family to resolve the dispute. On 24.12.2017 said Smitha committed suicide by hanging herself by leaving a death note indicating thereunder that petitioners are responsible for her death and she was committing suicide on account of torture given by petitioners and other family members. Said Complaint has been registered in Crime No.348/2017 and jurisdictional police, on investigation, have filed charge sheet.
4. It is the contention of Sri Joseph Anil Kumar, learned Advocate appearing for petitioner that even according to complainant, deceased and accused persons were residing separately from long number of years and there is no proximity to the cause of her death attributable to the petitioners and even according to the complainant, accused and deceased were not residing together and the fact that deceased had filed a petition for dissolution of marriage in M.C.No.6405/2017 itself shows deceased was residing separately from petitioners and they were in no way responsible for her committing suicide. Hence, he prays for allowing the criminal petition.
5. Sri Rachaiah, learned HCGP would support the case of prosecution and prays for dismissal of the petition.
6. Quashing of criminal proceedings is called for in a case where complainant does not disclose any offence. If the allegations made in the complaint do not constitute offence of which cognizance has been taken, it would be open for this Court to quash the proceedings in exercise of inherent jurisdiction. It is not necessary that meticulous analysis of the case should be done before trial to find out whether charge sheet material would end in conviction or acquittal. If it appears on reading of the complaint and other charge sheet material that ingredients of offence is made out, it would suffice for this Court to desist from quashing the proceedings. Probable evidence that may be tendered by the accused and plea that may be raised would not be within the zone of consideration by this Court while considering the prayer for quashing of proceedings. In this background, when charge sheet material is perused, it would disclose that deceased had committed suicide on 24.12.2017 and in the previous month, there was settlement talk held between members of two families at Bilekalli, in which, settlement talks according to complainant had not yielded any fruitful result. This according to the complainant had perforced his daughter Smt.Smitha to commit suicide by hanging herself and as such, on reading of the charge sheet material, it cannot be gainsaid by the accused that there is no material to proceed with the trial. In that view of the matter, this court finds there is no good ground to entertain this petition. In the result, criminal petition stands dismissed.
SD/- JUDGE *sp