L. MARY D. MELLO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.1 and 2 for quashing the complaint in Crime No.9/2010 and charge-sheet in C.C. No.10341/2010 pending on the file of the Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard the learned counsel for the petitioners and learned High Court Government Pleader. The respondent No.2 has remained absent despite service of notice.

(3.) The facts leading to this petition are that on 20.01.2010 at about 8.15 a.m., the accused have assaulted respondent No.2 and hence a complaint was filed by Kodigehalli police. The respondent No.2 was referred to medical examination and a FIR No.9/2010 was registered against the accused for the offences punishable under Sections 341, 323, 506 r/w 34 of Indian Penal Code. On the same day, i.e., on 20.01.2010, the petitioners without the knowledge of the complaint filed by the respondent No.2, they too had filed a complaint against the respondent No.2 in FIR No.10/2010 before the very same Kodigehalli police. However, the police have filed 'B' report in respect of the complaint filed by the petitioners in FIR No.10/2010, but a charge-sheet has been filed against the petitioners on the basis of the complaint filed by respondent No.2 - complainant in FIR No.9/10 as C.C. No.10341/2010. Hence, the petitioners have preferred the petition for quashing the same.