YOGESH DESAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, arraigned as the accused in C.C. No.57/2015, on the file of JMFC, Gangavati Taluk, Koppal District, filed this petition to quash the FIR, charge-sheet and entire proceedings of C.C. No.57/2015, on the file of JMFC, Gangavati.

(2.) A complaint dated 08.08.2014 having been filed by the respondent No.2, Smt. Anjali @ Geetanjali, wife of petitioner No.1, Gangavati Rural Police registered case in Crime No.222/2014 for the offences under Ss.498A, 506 read with S.34 of IPC against the petitioners and others and submitted FIR to the learned JMFC, Gangavati Taluk. After conducting the investigation, charge-sheet having been presented before the JMFC, Gangavati Taluk, against the petitioners, alleging commission of the offences punishable under Ss.498A, 506 read with S.34 of IPC, learned JMFC has issued summons, in C.C. No.57/2015, to the accused.

(3.) According to the petitioners, the complaint filed by the 2nd respondent is motivated and in fact, does not constitute an offence and the police having conducted a perfunctory investigation and filed charge-sheet, learned Magistrate, without any application of mind and having mechanically acted in the matter has issued the summons and that they have been unnecessarily called upon to defend in the criminal proceeding.