DR. PURNIMA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.l under section 482 of Cr.P.C., 1973 praying the Court to quash the entire proceedings and the private complaint filed by respondent No.2/complainant vide PC.No.236/ 2013 now converted into C.C.No. 1230/2013 on the file of II JMFC Court Hubballi produced vide Annexure-B; also sought for quashing of the charge sheet filed by PSI Vidyanagar Police, Hubballi in MAG No.171/2013 (C.C.No. 1230/2013) dated 24.08.2013 vide Annexure-C and to set-aside the order passed by the II JMFC Hubballi in C.C.No. 1230/2013 dated 24.10.2013 vide Annexure-D in sofar it relates to petitioner/accused No. 1.

(2.) Brief facts of the case as per the complaint averments are that respondent No.2 herein filed a Private Complaint No.236/2013 against the petitioner and 3 (three) other persons for the offences publishable under Sections 323, 324, 341, 342, 447, 504, 506 r/w 34 of I.P.C. The complaint averments show that there was a dispute regarding ancestral residential house situate at Vidya Nagar, Hubli, The present Petitioner had filed a petition bearing P and S.C. No.8/2006 for issuance of Letter of Administration and Probate under section 278 of Indian Succession Act, 1925, based on the registered Will executed by her mother, before the Hon'ble 1st Additional District and Sessions Judge, Dharwar. The Petitioner is an younger sister of the husband of the complainant. The husband of the complainant, one Mr.Manjunath S/o Naganagouda Kulkami had initially filed O.S.249/2006 before the III Additional Senior Civil Judge, Hubli seeking for the relief of partition and separate possession of the property comprising of residential building along with open space in Plot No.46 situated at Vidya Nagar, Hubli. Later on, both the above cases were clubbed and the suit bearing O.S.249/ 2006 filed by the husband of respondent No.2/complainant, was re-numbered as O.S.No.6/2012 and the petition bearing No. P and S. C.No.8/2006 has been converted into O.S.No.5/2011. The I Additional District and Sessions Judge, Dharwar, by his order dated 31.01.2013 was pleased to dismiss O.S. No.5/2011 filed by the present petitioner and decreed the suit bearing O.S.No.6/2012 filed by the husband of respondent No.2. Thereafter, the husband of respondent No.2 had filed final decree proceedings in FDP No. 1/2013 before the I Additional District Judge, Dharwar and the same is pending. The complainant further alleges that the petitioner, who is arrayed as accused No.l, along with other accused by colluding with each other against the complainant and her husband in order to cause loss to the residential property, came to the house of the complainant on 09.08.2013 at around 4.00pm in 2 (two) different vehicles. All the accused and three others illegally entered into the house of the complainant with gundas and assaulted the complainant with fist. Accused No. 1 slapped the complainant on her face and rest of the accused kicked the complainant on her body and thereafter assaulted the husband of the complainant. The complainant and her husband were confined in a drawing room and the accused started sealing rest of the rooms of the house by fixing thick plywood sheets on all the doors of the remaining rooms. It is further alleged by the complainant that, they have ransacked the entire house and threw all the articles and belongings of the complainant in the drawing room. Accused have threatened the complainant for life and further tried to evict the complainant and her husband from the house, some neighbours and passerby's came to the rescue of the complainant. Hence, the said private complaint came to be filed before the JMFC Court. The JMFC Court referred the complaint under section 156(3) of Cr.P.C., 1973 for investigation to Police Inspector, Vidya Nagar, Hubballi and the matter was posted on 16.09.2013 for final disposal.

(3.) The Police Inspector, Vidya Nagar Police Station, after conducting the investigation filed the charge sheet on 24.10.2013 before the II JMFC, Hubballi. The JMFC Court pre-poned the matter, taken it on board and ordered for taking cognizance of the offence and issued summons to the accused including the present petitioner.