Nagesh And Anr vs The State Of Karnataka And Anr
2021 Latest Caselaw 3511 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 25TH DAY OF OCTOBER 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE H.P.SANDESH

        CRIMINAL PETITION No.200919 /2021

BETWEEN:

1)     NAGESH S/O SABANNA HALGERI
       AGE:48 YEARS, OCC: LABOUR
       R/O HUDA (B) VILLAGE, TQ:SEDAM
       DIST: KALABURAGI.

2)     SANGEETA W/O RAMANNA, AGE:38 YEARS
       OCC:HOUSE-WIFE, R/O H.No:222
       AASHRAYA COLONY, CHITTAPURA
       TQ: CHITTAPURA, DIST:KALABURAGI.
                                            ...PETITIONERS

     (BY SRI.SHARANABASAPPA.K.BABSHETTY ADVOCATE)

AND:

1)     THE STATE OF KARNATAKA
       THROUGH CHITTAPURA
       POLICE STATION,TQ: CHITTAPURA,
       DIST:KALABURAGI
       REPRESENTED BY ADDL.S.P.P.,
       HIGH Court OF KARNATAKA AT
       KALABURAGI BENCH-585105.

2)     RAMANNA S/O YANAKAPPA PUJARI
       AGE:48 YEARS
       OCC:DRIVER, R/O H.No:222
       AASHRAYA COLONY
                               2




      CHITTAPURA, TQ:CHITTAPURA,
      DIST:KALABURAGI-585211.
                                           ...RESPONDENTS

      (BY SRI.GURURAJ.V.HASLIKAR HCGP FOR R1;
     SRI. SHIVAPUTRA S UDBALKAR & SRI. PREETAM
          DEULGAONKAR, ADVOCATES FOR R2)

      THIS CRL.P IS FILED U/S.482 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONERS PRAYING TO ALLOW THIS
PETITION AND QUASH THE FIR AND COMPLAINT REGISTERED
AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE
U/SECs.366, 498, 380 OF IPC, IN CRIME NO.18/2021 OF
CHITTAPUR POLICE STATION, PENDING BEFORE THE CIVIL
JUDGE (JR.DN) AND J.M.F.C. AT CHITTAPUR.

     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

This petition is filed under Section 482 of Cr.P.C.,

praying this Court to quash the FIR and Complaint

registered in Crime No.18/2021 of Chittapur Police Station

for the offences punishable under Sections 366, 498, 380

of IPC pending on the file of Civil Judge (Jr.Dn) & JMFC., at

Chittapur.

2. The factual matrix of the case is that the

husband had lodged a complaint before the Police on

17.02.2021 making the allegation against his wife that she

is having illicit relationship with one person-Nagesh and

the same was brought to her notice, advised her and

inspite of that she has continued the same. It is the

further allegation that i.e., on 09.02.2021 when he is not

in his house, his wife ran away with her friend Nagesh in

the motorcycle, the same was witnessed by neighbourers

and she has also taken the gold articles worth of

Rs.4,25,000/- along with her. Based on the complaint,

the police have registered a case. Now, this petition is

filed by the said Nagesh and the wife of the complainant

contending that the allegations made in the complaint are

false and also the learned counsel contends that accused

No.2 has submitted a letter before the S.P. Kalaburagi on

23.06.2021 stating that, kidnapping allegations are false,

due to ill-health of her mother, she went to Huda (B)

Village, wherein, she stayed about 7 days and she

requested the authorities to file 'B' final report. Hence,

this Court has to quash the proceedings.

3. Per contra, the learned High Court Government

Pleader appearing for the first respondent-State would

submit that on perusal of the complaint, the complaint

discloses a specific allegation against these petitioners

regarding an illicit relationship and she took the gold

articles worth of Rs.4,25,000/- along with her while leaving

the house. When such allegations are made, the matter

requires to be probed and this Court cannot exercise the

powers under Section 482 of Cr.P.C.

4. Having heard the learned counsel appearing

for the petitioners and the learned High Court Government

Pleader appearing for the first respondent-State and also

having considered the contents of the complaint when the

specific allegations are made in the complaint, it is not the

domain of the Court to exercise the powers under Section

482 of Cr.P.C., and it is the domain of the investigating

officer to probe the allegations made in the complaint.

5. The judgment of the Apex Court in the case of

DINESHBHAI CHANDUBHAI PATEL v. STATE OF GUJARAT

AND OTHERS reported in (2018) 3 SCC 104, categorically

held that if the complaint discloses an allegation, the Court

should not venture to exercise the powers under Section

482 of Cr.P.C., and the matter has to be probed by the

Investigating Officer. The only duty of the Court to see

that whether factual contents of FIR disclose a prima facie

commission of various cognizable offences alleged by the

complainant against the accused persons. It is settled law

that the Court can exercise the powers under Section 482

of Cr.P.C., to quash the FIR if the complaint is manifest of

abuse of process, which leads to miscarriage of justice and

if the same is not manifest of any abuse of process, the

Court should not exercise its jurisdiction under Section 482

of Cr.P.C.

6. Having considered the contents of the

complaint when the specific allegations are made against

these petitioners, the matter has to be probed by the

Investigating Officer. Hence, I do not find any merit in the

petition to exercise the powers under Section 482 of

Cr.P.C., to quash the proceedings.

7. In view of the discussions made above, I pass

the following:

ORDER

(i) The petition is dismissed.

(ii) However, liberty is given to the petitioners to approach this Court, if need arises, when the final report is filed.

In view of dismissal of the petition, I.As, if any, do

not survive for consideration and the same stand disposed

of.

Sd/-

JUDGE

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