GUDDAPPA AND NATARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this petition is posted for admission, with the consent of both the Counsels, the matter is heard on merits itself.

(2.) LOOKING from the above said factual matrix, the parties have indulged in filing criminal cases against each other. Merely because earlier 'B' report was submitted by the police in favour of the petitioners herein in an earlier case, that does not mean to say that the present complaints filed by the petitioners as well as the respondent No. 2 and subsequent charge sheets are false, and on that ground, further proceedings before the criminal courts cannot be quashed. This Court exercising the powers under Section 482 of Cr.P.C. cannot dwell upon the factual matrix of the case in order to ascertain who is at fault. It is the domain of the trial Court after the trial to ascertain whether the charges leveled against the petitioners as well as the respondents in their respective cases are true or not. In the event of any false case being lodged against any of the parties, the aggrieved party can also sue for malicious prosecution. When such a situation is there, this Court is debarred from entering into the area of appreciation of evidence to give any finding that the complaint filed by either of the parties are false, frivolous or vexatious. Unless and until this Court tentatively come to a conclusion that the complaint or the first information report or subsequent investigation or charge sheet are filed with a mala fide intention to harass a particular person or the proceedings are vexatious, such proceedings cannot be quashed. Therefore, I find absolutely no merit in the petition. However, it is observed that the parties are at liberty to contest the criminal case and put forth their contentions before the trial Court. Under the above said circumstances, the petition is devoid of merit and the same is liable to be dismissed. Hence the following order.