IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRL.P. No.6365 OF 2017 BETWEEN:
SHALOM ZEENATH TAYLOR W/O.GRAHAM STEPHEN TAYLOR AGED ABOUT 69 YEARS, RESIDING AT GOODNA, QUEENSLAND, AUSTRALIA-4300 PRESENTLY AT:
NO.142, 2ND CROSS, ASHRAYA LAYOTU, T.C.PALYA MAIN ROAD, ANANDAPURAM, BENGALURU-560036. ... PETITIONER (By Sri. BHANU PRADEEP FOR SRI/SMT. UDITA RAMESH, ADVOCATE) AND:
1.THE STATE OF KARNATAKA BY WOMEN POLICE STATION, HALASURGATE SUB-DIVISION, HALASURGATE, CORPORATION CIRCLE CUBBONPETE, NAGARATHPETE, BENGALURU-560002.
2.SMT FARZANA SUBHAN WIFE OF SLYED ABID, AGED 42 YEARS RESIDING AT NO.39, BELLAHALLI KANNUR MAIN ROAD, OPPOSITE MONICA GRANITE FACTORY, BENGALURU-560064. ... RESPONDENTS (By Sri. SANDESH J. CHOUTA, SPP-II FOR R-1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH F.I.R AGAINST THE PETITIONER IN CR.NO.17/2017 REGISTERED FOR THE OFFENCES P/U/S 498A R/W 4 OF D.P ACT , PENDING ON THE FILE OF THE VI ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
2. Perused the first information report filed by one Farzana Subhan/2nd respondent herein against the petitioner and another. The complaint averment discloses that there are certain allegations wherein it is stated that the second respondent’s husband and the petitioner herein had manhandled and harassed her and abused her in filthy language etc.
3. It is submitted by the learned SPP-II that on the basis of the above said first information report the police have almost investigated the matter and charge sheet is ready to be submitted to the Court.
4. At this juncture, this Court may not be in a position to ascertain what are the materials that have been collected by the police. Therefore, I am of the opinion that at this stage, the first information report itself cannot be quashed. However, it is made clear that if the police file any adverse report against the petitioner without any basis, the petitioner is at liberty to approach this Court once again.
5. With that liberty, the present petition stands disposed of.
Sd/-
JUDGE.
*alb/-.