ANUP ISHANNA SONNAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused Nos.1 to 3 have filed this writ petition under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C. with a prayer to issue a writ of certiorari quashing the FIR and complaint dtd. 22/2/2022 in Crime No.11/2022 registered with respondent No.1, on the basis of complaint filed by respondent No.2.

(2.) Petitioners have contended that respondent No.1 has registered the case without proper application of mind and non-consideration of the statements made in the complaint which are false. In the absence of specific allegations against the petitioners, respondent No.1-police have erred in registering the case. Respondent No.1-police have not followed the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar and another,(2014) 8 SCC 273.

(3.) The respondent No.1 has not considered the fact that the allegations made in the complaint does not attract provisions of Ss. 498A , 323 , 504 and 506 read with Sec. 34 of Indian Penal Code and under Ss. 3 and 4 of the Dowry Prohibition Act. The respondent No.1-police have erred in not appreciating the fact that on the alleged date of incident, petitioners were not physically present at Koppal. Without conducting preliminary enquiry, the respondent No.1- police have erred in registering the case. Having regard to the fact that the marriage between petitioner No.1 and respondent No.2 is dissolved by the Family Court at Austin, USA, the allegations made in the complaint are false, frivolous and with a view to victimize the petitioners.