IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA Crl.P. No. 8716/2016 BETWEEN :
1. Sri. Raghunath Shetty B.M. S/o. late Mahalinga Shetty Aged about years Jayanagara, Hariharapura Koppa taluk Chikkamagaluru – 577 120.
2. Sri. Shivarama Shetty B.M. S/o. late Mahalinga Shetty Aged about years Jayanagara, Hariharapura Koppa taluk Chikkamagaluru – 577 120. … PETITIONERS (By Sri. Gopal Gowda H.K., Adv.) AND :
1. The State by Station House Officer Hariharapur Police Station Koppa Taluk Chikkamagaluru – 577 120.
2. Smt. Nagarathnamma W/o. late Raghuram Shetty Aged about 69 years Jayanagara, Hariharapura Koppa taluk Chikkamagaluru – 577 120. … RESPONDENTS (By Sri. I.S. Pramod Chandra, SPP-II for R-1 Sri. T.K. Rajagopala, Adv., for R-2, ABSENT) ---
This Crl.P. is filed under Section 482 Cr.P.C. with a prayer to quash the complaint, FIR in Cr. No. 55/2016 registered against the petitioners and pending on the file of Prl. Civil Judge (Jr.Dn.) and JMFC Court at Koppa, Chikkamagalur and etc.
This Crl.P. coming on for Admission this day, the Court passed the following;
O R D E R Petitioners have sought to quash the FIR registered against them in crime No. 55/2016 for the offences punishable under Section 504 354, 506, read with Section 34 IPC.
2. Learned counsel for the petitioners submits that in respect of very same occurrence a counter complaint was filed by petitioner No. 1 against respondent No. 2 and the same was registered in Crime No. 54/2016 for the offences punishable under Section 447, 341, 504, 506, 109 read with Section 34 IPC. After investigation the police have submitted a B Report in crime No. 54/2016 and the same is accepted by the learned Magistrate.
3. In view of the very fact that a counter case was investigated by the Police in respect of the same occurrence, in my view, the instant complaint is also required to be investigated. The allegations made in the complaint, prima facie, call for investigation as the said allegations, attract the ingredients of offences punishable under Section 504, 506 and 354 IPC. Hence, I do not find any justifiable reason to quash the instant complaint. Accordingly, the petition is dismissed.
LRS.
Sd/- JUDGE.