V. Harish Kumar, S/O Late A. Venkatappa v. State OF Karnataka By Yeshwantapura Police Station
2020-06-23
H.P.SANDESH
body2020
DigiLaw.ai
ORDER : 1. Though this matter is listed for admission today, with the consent of learned advocates appearing for the parties, it is taken up for final disposal. 2. Heard the learned counsel for the petitioners, learned High Court Government Pleader appearing for respondent No.1 and the learned counsel for the respondent No.2. 3. The factual matrix of the case is that based on the complaint given by respondent No.2, a case has been registered. On perusal of the complaint, an allegation is made against the petitioners, who are the son, daughter-in-law, grandson, granddaughter and husband of granddaughter, that they have subjected respondent No.2 for both mental and physical harassment after the death of her husband. In the complaint, a specific allegation has been made that on 15.5.2016, when the complainant visited the house of her son, they did not open the door and hence she approached the police and went along with the police and the persons who were present along with son, abused in a filthy language. During that time, the police were also present and simply watched the incident. After the registration of the case, investigation has been conducted and the charge-sheet has been filed for the offences punishable under Sections 427, 341, 324, 504 and 506 read with Section 149 of IPC. The present petition in filed by accused Nos.1 to 5 seeking the relief to quash the proceedings i.e., filing of the charge-sheet against the petitioners. 4. The main ground urged in the petition is that no such incident was taken place. Apart from that, it is the contention of the learned counsel for the petitioners that a suit for partition is pending and only in order to succumb the petitioners to come for compromise, criminal action has been initiated against the petitioners. The learned counsel for the petitioners would also contend that there is no specific allegation against petitioner Nos.2 to 5. Hence, it requires interference of this Court. The very registration of the case and filing of the charge-sheet is nothing but an abuse of Court process and it is an appropriate case to invoke Section 482 of Cr.P.C. 5. Per contra, the learned counsel appearing for the respondent No.2 – complainant would submit that the very photographs which are produced before this Court along with the petition clearly discloses that the police were present at the time of the incident.
Per contra, the learned counsel appearing for the respondent No.2 – complainant would submit that the very photographs which are produced before this Court along with the petition clearly discloses that the police were present at the time of the incident. The contention of the learned counsel for the petitioners that no such incident was taken place, cannot be accepted. Hence, the petition under Section 482 of Cr.P.C. cannot be entertained and it is a disputed fact with regard to whether such incident had taken place and the same is subject matter of trial. Hence, prays this Court to reject the petition. 6. The learned counsel also submits that an application was filed before the Trial Judge and the Trial Judge has permitted to conduct the further investigation and file additional report. In view of the stay granted by this Court, the police are unable to proceed with the matter and the stay order granted by the Court is coming in the way of further investigation as ordered by the Trial Court. 7. The learned High Court Government Pleader appearing for respondent No.1 – State would contend that the complaint averments constitute a prima facie material that the incident was taken place and after the registration of the case, investigation has been conducted and the chargesheet has been filed. There are no grounds to quash the proceedings by invoking Section 482 of Cr.P.C. and prayed this Court to dismiss the petition. 8. Having heard the arguments of the learned counsel for the petitioners, learned High Court Government Pleader appearing for respondent No.1 and the learned counsel for the respondent No.2, this Court has to examine whether this Court can exercise the powers under Section 482 of Cr.P.C. to quash the proceedings. 9. This Court would like to make it clear that while exercising the powers under Section 482 of Cr.P.C., the Court has to examine whether the contents of the complaint, which are set out in the complaint, constitute an offence alleged in the complaint. If the same constitutes an offence, then the Court cannot exercise the powers under Section 482 of Cr.P.C. and the Court has to exercise the powers sparingly.
If the same constitutes an offence, then the Court cannot exercise the powers under Section 482 of Cr.P.C. and the Court has to exercise the powers sparingly. The Court also cannot examine whether it leads to a conviction or acquittal and only to examine whether it constitutes a prima facie offence, in keeping the scope to exercise the powers under Section 482 of Cr.P.C., and also this Court has to examine whether there is an abuse of process of law and the Court has to consider the ends of justice, i.e., to do real, complete and substantial justice whether criminal proceedings can be continued or not. In the light of the settled law, it is appropriate to consider the material on record. 10. On perusal of the complaint, which is annexed as AnnexureH, it is clear that specific allegations are made against the petitioners that after the death of the husband of the complainant, she was subjected to both mental and physical harassment and she was forced to leave the house and stay with second daughter. Apart from that, a specific allegation is made in page No.3 of the complaint that on 15.5.2016, when she visited the house, they did not open the door and hence she approached the jurisdictional police and again went with police and they abused in a filthy language and caused life threat and the said incident has taken place in the presence of the police. The photographs (Annexure-N), which are produced before the Court along with this petition also discloses the presence of the police that the complainant went to the place of the accused along with the police. 11. The main contention of the learned counsel for the petitioners is that no such incident was taken place. The police after registration of the case, have recorded the statement of the complainant as well as the other witnesses, who were present at the time of the incident. Whether such incident took place or not, has to be considered and tested in trial and the defence which the petitioners have raised before this Court has to be raised at the time of conducting of trial. This Court cannot look into all these aspects while considering the petition under Section 482 of Cr.P.C. This Court has to examine whether the averments set out in the complaint constitute an offence. 12.
This Court cannot look into all these aspects while considering the petition under Section 482 of Cr.P.C. This Court has to examine whether the averments set out in the complaint constitute an offence. 12. The very contention of the learned counsel for the petitioners that there is no specific allegation against petitioner Nos.2 to 5 also cannot be accepted. On perusal of the complaint averments, at page No.3, specific allegations are made against petitioner Nos.2 to 5 also. When such being the facts and circumstances of the case and having considered the complaint averments, it is not a fit case to exercise the powers under Section 482 of Cr.P.C. to quash the proceedings i.e., filing of the charge-sheet against the petitioners. 13. In view of the discussions made above, I pass the following: ORDER The criminal petition is rejected.