IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 1746 OF 2014 BETWEEN:
Smt. Noorjaan W/o Syed Wajeed Aged about 63 years No.395/D1, C.K. Road Near 5 Light Circle, Daira Channapatna-562160 Ramanagara district.
(By Smt. Naseema Banu Syed Babu, for Sri. Ravindra M.V – Advocate) AND:
1. State by Channapatna East Police Channapatna Ramanagara District.
2. Smt. Asma Thabassum W/o Syed Mujaheed D/o Syed Mahaboob #101, 3rd Cross, Kesare 2nd Stage, Mysore – 570 007 Mysore District.
(By Sri Vijaya Kumar Majage – Addl. SPP for R-1; Sri Mohammed Muneer – Adv., for R-2 ) …Petitioner ...Respondents This Criminal petition is filed under Section 482 Cr.P.C. praying to quash the entire proceedings in C.C. No. 735/2013 (arising out of in CR. No. 102/2013 of Channapatna East Police), under alleged Sections 498A, 323, 504, 506 r/w 34 of IPC on the file of the Additional Civil Judge and JMFC, Channapatna, Ramanagaram.
This Criminal petition coming on for Admission, this day, the court made the following:
O R D E R Heard learned counsel for the petitioner and the learned Addl. SPP appearing for Respondent No.1. Counsel for Respondent No.2 is absent.
2. Petitioner is the mother-in-law of the second respondent. The marriage of the second respondent and Accused No.1 was performed on 5.12.2004. She lodged a complaint on 11.09.2013 making allegations against her husband and petitioner herein alleging that two years after their marriage, she was subjected to ill-treatment and harassment in the matrimonial house. In the complaint, it was stated that the petitioner herein was abusing her in filthy language. All the material allegations made in the complaint as well as the charge- sheet are directed only against Accused No.1. In the complaint, it is specifically stated that at the instance of the petitioner herein, her husband assaulted her on her back and issued threat to her and was pestering her to bring money from her parents.
3. None of these allegations, make out the ingredients of the offence insofar as the petitioner herein is concerned. Even in the charge-sheet, except making bald and general allegations that both the accused harassed and ill-treated the complainant, no material is available to substantiate the charge against the petitioner is concerned. Therefore, the proceedings initiated against the petitioner, prima facie appears to be false, frivolous and baseless and is an abuse of process of court. Therefore, it would be travesty of justice to allow the said proceedings to continue against the present petitioner.
4. Accordingly, the petition is allowed. Proceedings initiated against the petitioner in C.C.No.735/2013 arising out of Crime No.102/2013 of Channapatna East Police, are hereby quashed.
SD/- JUDGE KS