IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.8407/2019 BETWEEN MALLIKARJUNA S/O NIJALINGAPPA B, AGED ABOUT 32 YEARS, AGRICULTURIST, R/O INALLI VILLAGE, HIREGUNTANUR HOBLI, CHITRADURGA TALUK AND DISTRICT-577520 (BY SRI GOPALAKRISHNA MURTHY C, ADV.) AND 1. STATE BY BHARAMASAGARA PS, R/BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. KOMALA W/O PARAMESH, AGED ABOUT 32 YEARS, R/O SJM LAYOUT, BHARAMASAGARA VILLAGE, CHITRADURGA TALUK AND DISTRICT-577519 ...PETITIONER …RESPONDENTS (BY SRI SHOWRI, HCGP FOR R1.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2662/2019 PENDING ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC COURT, CHITRADURGA VIDE ANNEXURE-D AS AGAINST THE PETITIONER HEREIN.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
It is submitted that the petitioner had lodged a P.C.R. in February 2019 resulting in the registration of an FIR as Crime No.47/2019 by the respondent police on 10.02.2019 for the offences punishable under Section 506, 504, 147, 149, 148, 143, 323, 354, 324 and 448 of IPC. Once again an other complaint came to be lodged by the petitioner against the said complainant and others on 28.08.2019 for the offences punishable under Sections 427, 506, 341, 147, 143, 504, 148, 324, 323, 114 and 149 of IPC. That as a counter blast to the complaints lodged by the petitioner against the husband of the second respondent, the second respondent got a complaint registered against the petitioner on 30.08.2019. A charge sheet has also filed for the offences punishable under Sections 341, 323, 354, 504 and 506 of IPC.
Learned counsel for the petitioner would contend that the complaint is nothing but a counter blast to the complaints lodged by the petitioner. Learned High Court Govt. Pleader would submit that the police have already filed a charge sheet and the final report is also produced as Annexure-C to the petition. The petitioner is unable to demonstrate as to whether the charge alleged against him is groundless nor he is able to demonstrate that there is no material made available by the respondent police to demonstrate the commission of the offence. In that view of the matter, this Court is not inclined to entertain the petition. Accordingly, the petition stands dismissed. The dismissal of the petition would not come in the way of the petitioner to avail any remedy as permissible under law.
In view of disposal of the petition, I.A. 1/19 for stay does not survive for consideration and is accordingly disposed off.
Chs* CT-HR Sd/- JUDGE