IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.8583/2016 BETWEEN JAYAMMA S/O LATE B.P.PUTTAVEERAIAH, AGED ABOUT 63 YEARS, R/AT BELLAGERE VILLAGE, B.G.PURA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571407 ...PETITIONER (BY SMT. RAKSHA KEERTHANA.K FOR SRI KEMPARAJU, ADVS.) AND 1. STATE OF KARNATAKA BY WOMENS POLICE STATION SHIMOGA, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001 2. SMT. PADMAVATHI W/O DR. B.P.RAVIKUMAR, AGED ABOUT 34 YEARS, RESIDING AT LAXMI NIVAS, NO.308, 2ND STAGE, 9TH CROSS, BCC LAYOUT, BENGALURU-560040 RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1, SRI T.S.VENKATESH, ADV. FOR R2.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET (CR.NO.131/2015) AGAINST THE PETR./ACCUSED NO.2 FILED BY THE RESPONDENT NO.1 POLICE IN C.C.NO.464/2016 FOR THE ALLEGED OFFENCE P/U/S 498A,114,324,504 R/W 34 OF IPC, PENDING ON THE FILE OF JMFC-II COURT, SHIVAMOGGA DISTRICT, SHIVAMOGGA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the second respondent.
2. Petitioner in the instant petition is praying for quashing the chargesheet filed by the first respondent police in C.C. No.464/2016 for the offences punishable under Section 498A, 114, 324, 504 read with Section 34 of Indian Penal Code.
3. The petitioner is the mother of one Dr. Ravi Kumar who is arrayed as Accused No.1 and has been charge sheeted for the above said offences and the petitioner has been arrayed as accused No.2 on the allegation that the assault on the victim was on the instigation of the petitioner.
4. Learned counsel for the petitioner would submit that the petitioner has been residing independently and that the de-facto complainant and the first accused are residing separately and hence the allegations made out against the petitioner are motivated with an intention of harassing the petitioner on account of the dispute between the complainant and the first accused.
5. Per contra the learned counsel for the second respondent would invite the attention of the court to the statements recorded by the police, that is of the victim, son of the victim and the landlord who was residing in the upper floor. Wherein her son aged about 7 years has corroborated the allegations made by the complainant, that on the alleged date the petitioner had instigated the husband-first accused and on the instigation of the petitioner, the husband is said to have assaulted the complainant on her head with a wooden reaper. The fact of the victim having suffered an injury and having been assaulted with the wooden reaper is also corroborated by the landlord who is an independent witnesses. The statement of the landlord would also throw light on the fact that there was disharmony between the petitioner and the second respondent. Even on earlier occasion and on his threat to evict the victim, both have undertaken not to quarrel nor create any nuisance in the premises. In the background of these facts, the petition for quashing cannot be entertained. This court in the exercise of jurisdiction under Section 482 of Cr.P.C. cannot be called upon to adjudicate the correctness of the statements which is an exercise to be carried out by the trial court after a full fledged trial. Hence, petition being devoid of merits stands dismissed.
The observations made herein above are for the purpose of disposal of the instant petition only and the trial court shall expedite the disposal uninfluenced by the observations made by this court.
Chs* CT-HR Sd/- JUDGE