IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5614 OF 2017 BETWEEN:
1. SRI. YOGESHA S/O. CHANNAMALLESHAPPA, AGED ABOUT 29 YEARS, R/O. TYAVANIGI VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT 577 544 2. SRI. CHANNAMALLESHAPPA S/O. JANARDHANASWAMY @ SANNA SWAMYAPPA, AGED ABOUT 66 YEARS, R/O. TYAVANIGI VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT 577 544 3. SRI. CHAKRAVARTHI S/O. KUMARASWAMY @ JKL SWAMY @ SIME YENNE PA AGED ABOUT 31 YEARS, R/O. TYAVANIGI VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT 577 544 4. SRI. NAVEEN S/O. KUMARASWAMY @ JKL SWAMY @ SIME YENNE PA AGED ABOUT 36 YEARS, R/O. TYAVANIGI VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT 577 544 5. KUMARASWAMY @ JKL SWAMY @ SIME YENNE PA S/O. JANARDHANASWAMY @ SANNA SWAMYAPPA, AGED ABOUT 61 YEARS, R/O. TYAVANIGI VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT 577 544.
... PETITIONERS (By Sri: MARUTHI G B, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BASAVAPTNA POLICE STATION, BASAVAPATNA, CHANNAGIRI TALUK, DAVANAGERE DISTRICT 577 554.
REP BY ITS SPP, KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, BENGALURU 01 2. SRI. GIRISH T S S/O. LATE. T. JANARDHANA, AGED ABOUT 46 YEARS, R/O. HOSAKOLENAHALLI VILLAGE, KUKKUVADA POST, DAVANAGERE TALUK AND DISTRICT 577 543.
... RESPONDENTS (By Sri: S.RACHAIAH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.721/2016 PENDING ON THE FILE OF SR. CIVIL JUDGE AND J.M.F.C., CHANNAGIRI FOR THE OFFENCE P/U/S 341,504,323,506 R/W 34 OF IPC.
***** THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under section 482 of Cr.P.C. seeking to quash the entire proceedings in C.C.NO.721/2016 pending on the file of the Senior Civil Judge and JMFC, Channagiri for the offences punishable under sections 341, 504, 323, 506 r/w. 34 of Indian Penal Code.
2. Heard the learned counsel for the petitioners and the learned HCGP. Perused the petition and the materials produced along with the petition.
3. Learned counsel for the petitioners submits that various civil proceedings are pending between the parties and as a sequel to said proceedings, a false complaint has been lodged against the petitioners. Apart from the enormous delay in lodging the complaint, none of the allegations made in the complaint have been substantiated with cogent materials. The entire proceedings are foisted solely out of personal animosity and hence, he seeks for quashing of the entire proceedings pending before the Senior Civil Judge and JMFC, Channagiri.
4. It is seen from the records that after thorough investigation, charge-sheet has already been laid. Along with the charge-sheet, wound certificate as well as other materials are produced in support of the charges levelled against the petitioners herein. If for any reason the said materials do not make out the case for framing the charges against the petitioners, it is always open for the petitioners to convince the learned Trial Judge at the stage of hearing before charge. Hence, having regard to the materials produced along with the charge-sheet, it cannot be said that false or frivolous proceedings are initiated against the petitioners or that the respondents have resorted to abuse of the process of the court warranting interference under section 482 of Cr.P.C.
Hence, the petition is dismissed.
I.A.No.1/2017 is rejected as it does not survive for consideration.
Sd/- JUDGE Bss.