SHABNA YOUSUF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the entire proceedings against the petitioners in Crime No.199/2019 filed by the police of Electronic City Police Station, Bengaluru for the offences punishable under Ss. 506, 509, 458, 453, 504 read with Sec. 34 of IPC pending on the file of the Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.

(2.) The factual matrix of the case is that respondent Nos.2 to 4 have filed a complaint against the petitioners herein before the Additional Chief Judicial Magistrate at Bengaluru Rural which is numbered as PCR No.392/2019 wherein an allegation is made against the petitioners that on 19/11/2017 petitioner No.1 came along with her family members/relatives to the complainant's house at 9.20 p.m. when it was time for the child to sleep and created havoc outside the apartment by ringing the bell continuously for 20 minutes and threatening the complainant to take complainant No.3 against his wishes. In order to safeguard and protect complainant No.3, intimated the police and the police arrived in 20 minutes and then the complainant No.1 opened the door and requested the police to protect complainant Nos.2 and 3. It is also an allegation in the complaint that on 20/11/2017 they came along with lawyer and barged into Candor school where the complainant No.3 was studying at that time. Accused Nos.1 to 3 and 5 had an evil motive of kidnapping the complainant No.3 from the school. It is also an allegation that on 1/6/2018 at around 7.30 p.m. complainant Nos.1 to 3 were going out in the car and outside the gate of the society, accused No.1 was standing on the footpath. When the car entered the road in front of the society, suddenly accused No.1 created huge drama. The car was stationed on the road as there was traffic jam at that time and accused No.1 came to the road and jumped in front of the complainant's car and started screaming and trying to create negative scene in front of the public. Similar allegations are also made in the complaint referring the date 22/6/2018 and 31/8/2018 and stated that the complainant and their family were unable to bear the mental torture and hence requested to initiate the proceedings against the petitioners herein. The learned Magistrate after receiving the complaint referred the matter under Sec. 156(3) of Cr.P.C. for investigation. Hence, the present petition is filed before this Court for quashing of the FIR.

(3.) The learned counsel for the petitioners would vehemently contend that the marriage of petitioner No.1 was solemnized with respondent No.2 on 28/1/2007 and in the wedlock a child was born on 24/9/2008 i.e., respondent No.4 Master Rehaan. The differences were arisen between the parties and in 2017 G & WC No.26/2017 was filed seeking for appointment of guardian for respondent No.4. The matter was settled between the parties on 3/1/2018. In terms of the settlement in G & WC that on 1/6/2018 petitioner No.1 went to SJR Apartment to see her son i.e., respondent No.4 and respondent No.2 i.e., the husband of petitioner No.1 assaulted her. As a result petitioner No.1 has suffered injuries and blood was oozing from her nose and she took treatment in Ramakrishna Hospital. Petitioner No.1 filed complaint on 2/6/2018 against respondent No.2 before the Electronic City police i.e., respondent No.1 and NCR was registered bearing No.110/2018. That on 4/6/2018 a detailed email was written by petitioner No.1 with respect to the inhuman acts of respondent No.2 to the Karnataka State Commission for Women. That on 21/6/2018 petitioner No.1 again filed a complaint and the police have registered the FIR in Crime 198/2018 for the offence punishable under Ss. 341, 323 and 506 of IPC. The case in G & WC No.26/2017 was re-opened and the learned Civil Judge had directed respondent No.2 to adhere to the terms which was agreed as per order dtd. 3/1/2018. The police after the investigation have filed the charge-sheet against the respondent No.2. Respondent No.2 again filed G & WC No.34/2018 invoking Sec. 7 of the Guardian and Wards Act, 1890. In the mean while, the present private complaint is filed before the learned Chief Judicial Magistrate and the same is numbered as Crime No.199/2019. Hence, the petitioners without any other alternative have approached this Court.