IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.257/2018 BETWEEN:
1. SMT. RAJESHWARI D/O ERAPPA AGED ABOUT 28 YEARS R/AT HOUSING BOARD COLONY, THYAGARAJANAGAR CHALLAKERE TOWN – 577 536 CHITRADURGA DISTRICT.
2. SMT. PARIMALA W/O GANESHA AGED ABOUT 26 YEARS R/AT HOUSING BOARD COLONY, THYAGARAJANAGAR CHALLAKERE TOWN – 577 536 CHITRADURGA DISTRICT.
... PETITIONERS (BY SRI. VIGHNESHWAR S SHASTRI., ADVOCATE) AND:
1. STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE CHALLAKERE POLICE STATION REPRESNTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 01.
2. SMT. NAGARATHNA W/O SANTHOSH KUMAR AGED ABOUT 26 YEARS HOUSING BOARD COLONY CHALLAKERE TOWN – 577 536 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE SUB-INSPECTOR OF POLICE, CHALLAKERE IN CR.NO.70/2017 NOW PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (Jr.Dn) AND JMFC, CHALLAKERE IN C.C.NO.688/2017 FOR THE OFFENCES P/U/S 504, 323, 324, 506, 34 OF IPC AND FURTHER PROCEEDINGS THEREON AND THIS PETITION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Vigneshwar S. Shastri, learned Advocate appearing for petitioners and Sri. S. Rachaiah, learned HCGP appearing for first respondent-State. Perused the records.
2. Perusal of the case papers would disclose that complainant is the sister-in-law of accused persons namely, petitioners are the sisters of complainant’s husband-Sri.Santhosh Kumar. On account of matrimonial disputes, accused persons are also said to intervened, which resulted in exchange of arguments between parties, as a result of it, a complaint and counter complaint came to be filed.
3. The complaint filed by second respondent herein has resulted in registration of Crime No.70/2017 against the petitioners for the offences punishable under Sections 504, 323, 324, 506 r/w Section 34 of IPC and after investigation charge sheet has been filed in C.C.No.688/2017. Likewise, complaint filed by petitioners against second respondent herein has resulted in registration of Crime No.71/2017 for the offences punishable under Sections 323, 504, 448, 427 r/w Section 34 IPC and after investigation charge sheet has been filed in C.C.No.657/2017. Both these matters are said to be pending before the Principal Civil Judge (Jr.Dn.) and JMFC, Challakere.
4. Since records on hand would prima facie disclose that parties have assaulted each other, overt- acts alleged to have been committed by each of them, is an issue which will have to be thrashed out after trial. As such quashing of proceedings at this stage does not arise. No grounds are made out to entertain this petition. Hence, petition stands rejected.
SD/- JUDGE RU