IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1082 OF 2016 BETWEEN:
1. SMT. SHANTHAMANI W/O SUBRAMANI AGED ABOUT 61 YEARS R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576 201 2. SRI SURESH AGED ABOUT 41 YEARS S/O SUBRAMANYA R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576 201 3. SMT AMBIKA W/O SURESH AGED ABOUT 33 YEARS R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576 201 4. SMT. GEETHA W/O VIJAYKUMAR AGED ABOUT 36 YEARS R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576201 5. SRI VIJAYKUMAR AGED ABOUT 46 YEARS R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576201 ... PETITIONERS (BY SRI: PAVANA CHANDRA SHETTY H, ADVOCATE) AND 1. SMT. SOWMYA AGED ABOUT 22 YEARS W/O ANGASWAMI @ KUMAR R/AT KARKAL BHARATH BEEDI COLONY ATTUR CHURCH ROAD KARKALA UDUPI DISTRICT-576201.
2. THE STATION HOUSE OFFICER KARKALA TOWN POLICE STATION KARKALA UDUPI DISTRICT-576201.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR RELATING TO CR.NO.96/2015 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, KARKALA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A,355,506 AND 34 OF IPC AND UNDER SECTION 4 OF D.P. ACT PRODUCED HEREWITH AS DOCUMENT NO.1, ALLOW THIS CRL.P. WITH COSTS THROUGHOUT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners are the relatives of the complainant. Contending that respondent No.1/complainant has made bald and general allegations roping in the entire family members, the petitioners have sought to quash the proceedings.
2. On going through the records, it is noticed that the complainant has come up with the specific allegation that while she was residing in matrimonial home, she was subjected to ill- treatment and harassment by the petitioners. After investigation, charge sheet is laid against the petitioners. The allegations made against the petitioners are sought to be substantiated by the statements of the complainant and other witnesses. Therefore, there is no good ground to quash the proceedings.
However, having regard to the submission made by the learned counsel for the petitioners that petitioner Nos.1, 2 and 3/accused Nos.2, 3 and 4 are married persons and are residing separately, liberty is reserved to the petitioners to canvas the said contentions before the trial court at the stage of hearing before charge. In such an event, the trial court shall consider the prayer without being influenced by the orders passed in this case.
Petitioners are also permitted to place proof of address and separate residence before the trial court and seek for their discharge on such grounds available under law.
Sd/- JUDGE *mn/-