VIJAYALAXMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are sought to be prosecuted for the offences punishable under Ss. 143, 147, 498-A, 504, 506, 354, 323, 324, 511, 109, 114, 342, 307, 420 R/W 149 IPC . The cognizance taken by the learned Magistrate for the aforesaid offences is impugned in this petition.

(2.) Heard the learned counsel for the parties.

(3.) Perusal of the charge sheet material indicates that, the accused No.1 is the co-sister. The accused No.2 is the sister-in-law. The accuse No.3 is the brother-in-law. The accused No.4 is the brother of accused No.1. The accused No.6 is the son of the accused No.2. There is a dispute with regard to collection, payment of rent, and also disconnection of electricity. The defacto complainant and her husband are residing separately in a portion of the property. Thereafter the husband of the defacto complainant filed a suit in OS No.160/2021 for partition and separate possession of his legitimate share in the suit properties. The charge sheet material also does not contain any material in the inform of statement of doctor or wound certificate for having sustained grievous injuries due to the alleged assault by the accused herein. The dispute between the parties is purely civil in nature, however, given criminal texture. The FIR was lodged with an ulterior motive to wreak vengeance with revengeful intent. Hence, the continuation of criminal proceeding will be an abuse of process of law. Accordingly, I pass the following: