Hanumanthappa H. S/o Late Nagappa v. State Of Karnataka, Represented By Kottur Police, Represented By State Public Prosecutor, High Court Building, Dharwad
2019-03-14
H.P.SANDESH
body2019
DigiLaw.ai
ORDER : Heard the petitioners’ counsel and the learned HCGP for respondent No.1 and the counsel for respondent No.2. 2. The petitioners in all the petitions are the husband and brother-in-law of respondent No.2. The respondent No.2 is the wife of the petitioner No.1 in all the cases. The factual matrix of the case is that the marriage of petitioner No.1 and respondent No.2 was solemnized in the year 1997 and dispute started in the year 2016 and based on the averments of all the petitions, it is stated that the incident was taken place on 15.08.2016 between one Prakash and the brother of the husband i.e. petitioner No.2 and hence the brother of the husband gave the complaint and case is registered in Crime No.122/2016 and the other allegation that in pursuance of the said complaint as a counter blast the wife has lodged another complaint on 16.08.2016 alleging that the incident was taken place on 15.08.2016 at 20.00 hours and in both the complaints the timings are same and hence the case has been registered against these petitioners in respect of Crime No.123/2016 for the offence punishable under Sections 498-A, 504, 506, 323, 324 read with Section 34 of IPC. The other contention in the other petition in Crl.Pet.No.101740/2018 is that another false complaint is given by the wife and the same is registered in Crime No.52/2017 which is numbered as C.C.No.90/2018 and the same is also for the offence punishable under Section 307 read with Section 34 of IPC. The petitioners in the other petition also contended that one more complaint is given by the wife alleging that the incident was taken place on 29.03.2017 and the complaint was given on 01.04.2017 which is numbered as C.C.No.36/2018 for the offences punishable under Sections 498A, 323, 355, 511 and 506 of IPC and while filing the charge sheet the case is registered only for the offence under Section 498A of IPC. 3.
3. The petitioners’ counsel in all the petitions has contended that only in order to harass the husband and his brother the respondent No.2 is filing false cases in one or the other cases and the police have also investigated the matter and filed false charge sheet against the petitioners and hence it is nothing but an abuse of process and if the proceedings is continued it amounts to miscarriage of justice and hence prayed this Court to quash the proceedings. 4. Per contra, the counsel for the respondent No.2 contends that the complainant is staying in one house along with her two children and the husband is also residing separately along with other two children in the house of his brother and the husband and his brother are using their force to respondent No.2 saying that not to live in that house and forcing them to rent out the premises for the people to whom he recommend and based on the complaint the police have investigated the matter and filed the charge sheet and matter is set down for trial. Apart from that, he contends that the wound certificate also discloses that not only assaulted the wife and also assaulted the children, who are staying along with the wife/complainant and this Court cannot invoke Section 482 of Cr.P.C. to quash the proceedings. 5. Having heard the petitioners’ counsel and the counsel for respondent No.2 and on perusal of the material on record, no doubt three cases are registered against the petitioners, who happens to be the husband and brother-in-law of the complainant. The allegation that one incident was taken place on 15.08.2016 and another incident was taken place on 29.03.2017 and also another Crime registered on 18.04.2017 and all in respect of all these crimes an attempt to murder and also an assault is made to the complainant and her children. No doubt, the petitioners’ counsel has brought to my notice that one Crime No.122/2016 is registered against one Prakash and the allegation is that he was having illicit relationship with the wife of the petitioner No.1 and all these aspects are the question of fact and these facts cannot be decided in the proceedings under Section 482 of Cr.P.C. and counter blast cases are registered against the parties each other. 6.
6. For having taken note of the allegation of an attempt to murder is made and also the wound certificate with regard to the incident is concerned and all these aspects has to be tested in trial only and not in the proceedings under Section 482 of Cr.P.C. and this Court cannot decide the issue of question of fact and disputed fact. Hence, when the disputed facts are before the Court, it is not appropriate to invoke Section 482 of Cr.P.C. to quash the proceedings. 7. In view of the above discussion, this Court proceed to pass the following: ORDER The petitions are dismissed.