N. A. GHOURI Vs. KAUSER BANU

JUDGEMENT

(1.) This petition filled by the petitioners-accused No.1 to 4 under 428 of Cr.P.C . for quashing the criminal proceedings in CC No.22832/2019 pending on the file of VIII ACMM, Bengaluru in respect of PCR and by the respondent in PCR No.6856/2018 for the alleged offences punishable under Sec. 323 , 324 , 354 , 504 , 506 , 509 r/w sec. 34 of IPC.

(2.) Heard the arguments of learned counsel for Petitioners and learned counsel for respondent.

(3.) It is the case of the respondent report the Magistrate she has filled a private complaint against the petitioners. On 14/5/2018 alleged that, she is residing in the house just to the opposite house of the petitioner and the petitioner said to be in the habit of taking the photographs of the complainant and also videography and sending to the police and also repeating the same thing. The act of the accused No.1 and 2 has been supported by the accused No.3 and 4 who is said to be the neighbors of the accused No.1 and 2. The complainant said to be BE and MBA Graduate and also done Phd. in management and working as a Assistant Professor in Vivekanand College, Bangalore. The complainant said to be belongs to the Muslim community and she is not in the habit of wearing burka. When accused No.1 to 4 also from the same community, they harassing the complainant by abusing her in filthy language and assaulted her. On 24/10/2014, inspite of her complaint made by the police, the police did not registered any case but they should registered only NCR. Subsequently, on 26/4/2016 once again the petitioners said to be abused her in filthy languages stating in para No.10. Thus, the complainant said to be unmarried women and accused are insulting her in filthy languages and caused mental agony and threatening her to committed murder. Inspite of the assault made by the accused on 25/4/2016 she also taken statement but the police has not taken any complaint but once again they registered NCR No.148/2016. Subsequently, once again the accused persons said to be filed the complaint against her, that the police registered a FIR against her in Crime No.60/2016 and filed the charge sheet against her which is pending on the same court in CC No.27934/2016 on the file of VIII ACMM and she is facing a Trial.