IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2814/2013 BETWEEN AMBHRAVATHI, D/O NARASIMAIAH AGED ABOUT 24 YEARS R/O ALUR, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE ... PETITIONER (BY SRI V.MAHESHA, ADV. FOR SRI A HANUMANTHAPPA, ADV.) AND 1. N. MANJULA, W/O GIRISH C AGED ABOUT 25 YEARS, MARUTHI FARM LAYOUT, DOMBARAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE.
2. THE STATE OF KARNATAKA, THROUGH THE STATION HOUSE OFFICER, MADANAYAKANAHALLI POLICE STATION, NELAMANGALA CIRCLE, BANGALORE RURAL DISTRICT, REP BY SPP, HIGH COURT BUILDING, BANGALORE.
... RESPONDENTS (BY SRI R.P.SOMASHEKARAIAH, ADV. FOR R1-ABSENT, SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH FIR IN CRIME NO.243/13 ON THE FILE OF THE CIVIL JUDGE AND JMFC, NELAMANGALA, IN SO FAR AS PETR. IN CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is accused No.2 in Cr.No.243/2013 registered for the offences punishable under Sections 498A and 504 of IPC.
2. Petitioner has sought to quash the said proceedings on the ground that the allegations made in the complaint do not make out any offence insofar as the petitioner is concerned.
3. Learned Additional SPP however dispute the same and contends that clear allegations are made in the complaint to the effect that the petitioner herein is having illicit relationship with accused No.1 and on account of the same, accused No.1 subjected and ill-treated the complainant in the matrimonial house.
4. The complainant is the wife of accused No.1.
According to the complainant, after her marriage and birth of first child, she has been subjected to ill-treatment and harassment in the matrimonial house by her husband- accused No.1. It is alleged in the complaint that accused No.1 is having illicit relationship with accused No.2 and that is the reason for accused No.1 to ill-treat and harass the complainant. The said allegations do not render the petitioner (accused No.2) liable for the offences punishable under Sections 498A or 504 of IPC. There are no allegations whatsoever in the entire complaint that the petitioner herein has either abused the complainant or there is any allegation that the petitioner has been ill-treating and harassing the complainant. Under the said facts and circumstances, the case of the prosecution cannot be sustained under law and it is a clear abuse of process of Court.
In the aforesaid facts and circumstances, the petition is allowed. The FIR registered against the petitioner and consequent investigation thereon is quashed insofar as the petitioner namely accused No.2 is concerned.
Sd/- JUDGE VM CT-HR