KUMARI RENUKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE present petition is filed for quashing of the proceedings in PC No. 19/13 later registered as CC No. 35/14 on the file of the Sr. Civil Judge and JMFC, Ramdurg, Belgaum District.

(2.) THE petition averments as well as the arguments of the learned counsel for the petitioner discloses that the petitioner was arrayed as accused No. 8 in a private complaint filed by the respondent No. 2 herein. It is alleged in the complaint, that accused No. 1, Fakrusab Rajesab Khandunaik, developed an illicit intimacy with accused No. 8 and started to live with her leaving the complainant. It is contended by the learned Counsel that even the entire allegations made in the complaint, are translated into evidence, the allegations do not constitute any offence under any of the penal laws for time being in force. Further, it is contended that the allegations are made at paragraphs 10 and 11 which are only against accused No. 8. So far as the averments made in paragraphs 1 to 9 in the complaint are against accused Nos. 1 and 7. The allegations made at paragraphs 10 and 11 of the complaint does not disclose the particular wording used by accused No. 8 in order to abuse the complainant, so as to come to the conclusion whether those abusive words attract Sections 504 or 506 or any of the other provisions invoked by the complainant. It is contended that the learned Magistrate without looking into the contents of the complaint, without meticulously reading the allegations made against accused No. 8, mechanically took the cognizance and issued process against the petitioner (accused No. 8).

(3.) I have carefully perused the complaint averments at paragraphs 1 to 9. As rightly observed by the learned Counsel, there are some allegations against accused Nos. 1 to 7, that they have ill -treated and harassed the complainant in demand of cash of Rs. 1,50,000/ - even after the marriage of the complainant and accused No. 8 and they have also demanded some gold articles and in connection with the same they have been ill -treating and harassing the complainant. For sometime, the complainant was in the house of accused Nos. 1 to 7 and after ill -treatment starts, she came to her father's house and there also ill -treatment continued by accused Nos. 1 and 2 demanding the said amount and gold articles. Therefore, she lodged a complaint against the accused persons.