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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY 2018
BEFORE
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.8952 OF 2017
BETWEEN:
1. SRI SHANMUGAM
S/O MUNISWAMY
AGED ABOUT 35 YEARS
2. SMT.MUNIYAMMA
W/O MUNISWAMY
AGED ABOUT 66 YEARS
PETITIONER NO.1 AND 2 ARE
R/AT NO.15, 1ST MAIN ROAD
NARAYANAPPA GARDEN
TAVAREKERE, BENGALURU – 562 130
3. SRI MUNISWAMY @ TINKER MUNISWAMY
S/O MUNILAKSHMAMMA
AGED ABOUT 71 YEARS
R/AT NARAYANAPPA GARDEN
TAVAREKERE
BENGALURU – 562 130 …PETITIONERS
(BY SRI H.RAMACHANDRA, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY MICO LAYOUT POLICE STATION
BENGALURU
2. SMT.TEJASWINI
W/O SHANMUGAM
2
AGED ABOUT 31 YEARS
R/AT NO.15, 4TH CROSS
NAGASHETTY HALLI
BENGALURU – 560 094 …RESPONDENTS
(BY SRI S.RACHAIAH, HCGP FOR R1;
SRI H.V.MANJUNATH, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
CHARGE SHEET FILED BY THE 1ST RESPONDENT IN
MICO LAYOUT IN CRIME NO.1070/2015 REGISTERED IN
C.C.NO.21166/2016 PENDING ON THE FILE OF THE 6TH
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE FOR
THE OFFENCE P/U/S 494, 498(A), 114 R/W 34 OF IPC
AND ETC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned Counsel for the petitioners,
Counsel for respondent No.2 and the learned High Court
Government Pleader for the State/respondent No.1.
Perused the records.
2. The petitioners have sought for quashing of the
entire proceedings in C.C.No.21166/2016 pending on
the file of VI Additional C.M.M., Bangalore City, for the
offences under Sections 494 and 498A read with
Section 114 and 34 of IPC.
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3. The learned Counsel for the petitioners
contended that even on translation of the entire charge
sheet papers into evidence, there are no allegations so
far as petitioner Nos.2 and 3 are concerned to attract
the provisions of Sections 498A and 494 of IPC, though
some allegations are there so far as petitioner No.1 is
concerned. Therefore, the proceedings have to be
quashed so far as petitioners-2 and 3 are concerned.
4. A careful perusal of the complaint filed by the
second respondent before the Police for the above said
offences shows that, the marriage between the first
petitioner and second respondent taken place on
21.11.2004 in Bangalore and thereafter they started
residing together for some time. At that time, it is
specifically alleged that all the accused persons have
started ill-treating and harassing respondent No.2. In
this context, there are complaints lodged by the second
respondent before Basavanagudi Women Police Station
and there was some compromise between the parties
and thereafter they joined together, however, even
inspite of that, accused persons did not stop ill-treating
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and harassing respondent No.2. Though petitioner No.1
(accused No.1) and respondent No.2 were residing
together in a separate house, it is alleged that accused
Nos.2 and 3 have joined hands with accused No.1 and
conducted second marriage of the accused No.1 and
they themselves have performed the marriage by
supporting petitioner No.1. Therefore, making such
allegations, an FIR was lodged and Police have
registered a case in Crime No.1070/2015 and after
thorough investigation, submitted a charge sheet before
the Court. During the course of investigation, the Police
have recorded the statements of as many as nine
witnesses and also collected various documents and
Police came to the conclusion that, there was ill-
treatment and harassment by all the accused persons
and there was a second marriage of accused No.1 with
the help of accused Nos.2 and 3.
5. Though the learned Counsel submitted that,
there are absolutely no material to connect the accused
persons, but the entire charge sheet is not made
available to the court except producing the facing sheet
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of the charge sheet. The statement of witnesses and
the documents collected by the Police in this regard are
not available to the court. Therefore, in my opinion,
without any materials on record, this Court cannot
conclusively draw any inference that, no offences are
attracted so far petitioners are concerned. Therefore,
same has to be thrashed out either at the time of
framing of charges or at the time of evidence before the
Trial Court.
6. The legal question that has been raised by the
learned Counsel before this Court is that in view of the
bar under Section 198 of Cr.P.C., the Police have no
jurisdiction to register a case for the offence under
Section 494 and investigate and submit a report under
Section 173 of Cr.P.C.
7. This point has been set at rest by the Apex
Court in a decision reported in (2012) 6 SCC 353
between Ushaben -vs- Kishorbhai Chunilal Talpada
and Others wherein the Apex Court has observed that
the cognizance of complaint for commission of offence
under Sections 494 and 498A, the Court can take
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cognizance of offence under Section 494 of IPC, only on
a complaint filed by “aggrieved person” as defined
under Section 198(1)(c) of Cr.P.C., while it can take
cognizance of offence under Section 498A even on a
Police report. Therefore, when the Police have invoked
Section 498A along with Section 494 and investigated
the matter and filed the report under Section 173 of
Cr.P.C., the Magistrate is well within his jurisdiction in
taking cognizance for both the offences.
8. Under the above said circumstances, no other
grounds are available to the petitioners herein.
Therefore, the petition is devoid of merits and the same
is liable to be dismissed. Accordingly, the petition is
dismissed.
Sd/-
JUDGE
KNM/-