PRAVEENKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are accused Nos.1 and 2 in C.C.No.438 of 2018 pending on the file of the Civil Judge and JMFC Court at Naragund for the alleged offences under Ss. Ss. 341, 323, 504, 506 read with Sec. 34 of IPC in C.C.No.438/2018, are before this Court seeking for quashing of the said proceedings.

(2.) Shri Sanjay Chanal, learned counsel for the petitioner would submit that a. the complaint is false, frivolous and fictitious one filed with an intention to abuse the process of criminal law and the same is resorted to in order to try and get the petitioners to agree to the demands of the complainant in settling the civil suit, which is pending in O.S.No.60/2017 on the file of the Civil Judge and JMFC Court, Naragund. b. Apart from there are ex-facie inconsistencies in the statement made in the complaint and that of the panchanama, in the complaint it is stated that the incident had happened on 1:30 p.m. in the afternoon. Whereas in the panchanama the complainant has informed that the incident occurred at 10:00 a.m. c. The alleged incident having stated to have occurred in front of a Medical Shop, neither the owner nor sales-person in the said Medical Shop have been examined as witnesses d. instead only two witnesses i.e., CW4 and CW5 of whom CW5 is a driver engaged and an employee of the complainant and CW4 being the friend of CW5 are stated to be eyewitnesses.

(3.) On the basis of the above facts, Shri Sanjay Chanal, learned counsel would submit that the proceedings being abuse of process of Court ought to be quashed and the petitioners protected from such harassment at the hands of the complainant.