IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5839 OF 2016 BETWEEN:
1. SURESH @ SHANMUGARAJU S/O ANGUSWAMY, AGED ABOUT 35 YEARS, R/AT MKK ROAD, SHIVAMOGA 2. JAYALAKSHMI D/O MOHAN A AGED ABOUT 21 YEARS, 3. NITHIN KUMARA S/O MOHAN A AGED ABOUT 23 YEARS, 4. DHANALAKSHMI W/O MOHAN A AGED ABOUT 40 YEARS, PETITIONERS NOS.2 TO 4 ARE RESIDING AT 2ND CROSS, RANGANATHA BADAVANE, GOPAL EXTENSION, SHIVAMOGGA-577201 5. SAMPATH KUMAR S/O ANAGUSWAMYU AGED ABOUT 42 YEARS, R/O BANGALORE 6. SHASHIKALA W/O LATE ALAGSWAMY AGED ABOUT 70 YEARS, 7. ANAGUSAMY S/O LATE ALAGASWAMY AGED ABOUT 70 YEARS, PETITIONERS 6 TO 7 ARE R/AT 2ND CROSS, RANGANATHA BADAVANE, GOPALA EXTENSION, SHIVAMOGGA-577201 ... PETITIONERS (BY SMT: MANJULA D., ADVOCATE FOR SRI: L.SRINIVASA BABU, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY ITS TUNGA NAGARA POLICE STAION, SHIVAMOGGA-577201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001 2. SMT. DAKSHAYANAMMA W/O MANJAPPA, AGED ABOUT 45 YEARS, R/O NO.36, KHB COLONY, LIG, 2ND PACE, GOPALA SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: P.N.HARISH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.246/2016 TUNGA NAGAR POLICE STATION, SHIVAMOGGA ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, III-COURT, SHIVAMOGGA DISTRICT, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 506, 34, 504, 323, 354 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioners, learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1. Perused the records.
2. Petitioners have sought to quash the FIR registered against them in Crime No.246/2016 of Tunga Nagar Police Station, Shivamogga, for the alleged offences punishable under sections 506, 504, 323, 354 read with 34 of IPC.
3. Respondent No.2 was the landlady of the premises which was under the occupation of accused No.1. According to complainant, on the date of incident, when she had been to the house of accused No.1 to demand the arrears of electricity bill, she was threatened and pushed and an attempt was made to outrage her modesty by petitioners.
4. On going through the averments made in the complaint, I find that there are allegations insofar as accused No.1, 4, 5, 6 and 7 making out ingredients of the above offences. However, insofar as accused No.2 – Ms.Jayalakshmi and accused No.3 - Sri.Nithin Kumara are concerned, only allegation made in the complaint is that these two accused persons instigated other accused persons to commit above offences and having seen the neighbours coming to the spot, they went inside the house. These averments go to show that these petitioners neither abused the complainant nor issued any threats to her. Under the said circumstances, registration of FIR against accused Nos.2 and 3 cannot be sustained. To this extent, petition deserves to be allowed.
Accordingly, petition is allowed-in-part.
a. Petition filed by petitioner Nos.1, 4, 5, 6 and 7/accused Nos.1, 4, 5, 6 and 7 is dismissed.
Investigation shall proceed against these accused in accordance with law.
b. Petition filed by petitioner Nos.2 and 3(accused Nos.2 and 3) is allowed. FIR in Crime No.246/2016 pending on the file of III Addl. Civil Judge(Jr.Dn.) & JMFC, Shivamogga District is quashed.
Sd/- JUDGE Bss