DIVYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question proceedings in C.C.No.23647 of 2016 pending before the VII Additional Chief Metropolitan Magistrate, Bangalore arising out of P.C.R.No.15167 of 2015 registered for offences punishable under Ss. 211, 500 and 499 of the IPC.

(2.) Heard Sri Vishnumurthy, learned counsel appearing for the petitioners, Smt. K.P.Yashoda, learned High Court Government Pleader appearing for respondent No.1 and Sri K.J. Kamath, learned counsel appearing for respondent No.2.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioners and the complainant/2nd respondent are residents of the same apartment complex "Brigade Gateway". A complaint is registered by the 2nd respondent invoking Sec. 200 of the Cr.P.C. against the petitioners alleging that registration of a complaint on an alleged false incident has tarnished the image of the complainant in the eyes and minds of the residents of the apartment complex. The story commences by the narration of the complainant that the petitioners and the complainant were good friends and families had been acquainted to each other. It is his case that every now and then, after a few months of acquaintance, the petitioners used to pick up quarrel and enter into a squabble with the complainant. On a particular day - 25/9/2015, it was alleged that the complainant was driving his car in the parking lot at about 6.30 a.m. At that point in time, the complainant is alleged to have tried to outrage the modesty of the 1st petitioner and has hurled filthy abuses against her. The petitioners register a complaint on the said incident, upon which, the complainant was summoned to the Police Station and made to sit there for the whole day and again was asked to come on 29/9/2015 after which, the complaint was closed with a non-cognizable report.