MOHAMMED AZEEM PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.2 to 5, under Sec. 482 of Cr.P.C for quashing the criminal proceedings in CC.No.23/2023 arising out of crime NO.226/2022, registered by the R.T.Nagar police station for the offence punishable under Ss. 498A, 506, 323 , 354 of IPC and Sec. 75 of Juvenile Justice Act (Care and Protection of Children Act ) (herein referred as JJ Act.), 2015.

(2.) Heard the argument of learned counsel for petitioners, learned HCGP for respondent No.1/State and learned counsel for respondent No.2.

(3.) The case of the prosecution is that the respondent No.2 filed complaint before the RT Nagar police alleging that the accused No.1 (accused No.1 is not the petitioner herein) Nawazuddin Shariff said to be torturing the complainant physically and mentally and also her daughter. She has already filed complaint against him and also a maintenance case has been filed against him which were pending. Also, there was a protection order passed by the Magistrate under the DV Act, not to dispossess the complainant and her daughter, from the house at RT Nagar. However, when she went to RT Nagar police station on 8/8/2022 to lodge complaint against the petitioners and accused No.1, they registered NCR case and when she came back to the house, at that time the accused persons dispossessed the complainant from the house and also thrown the minor daughter from the house by assaulting her physically and mentally. It is also stated that they also mis-behaved with her daughter and when the complainant questioned the accused, they also abused her in filthy language. The accused persons also dismantled the CCTV footage inside the building. The accused persons also took away all the materials kept in the house and robbed the cash, gold and also silver. After registering the FIR the police took up the investigation and filed the charge sheet. The petitioners are accused Nos.2 to 5 herein challenged the charge sheet.