KARIAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On a private complaint filed by respondent-2 against the petitioners alleging commission of the offence of murder punishable under Ss.302 r/w 34, IPC, the J.M.F.C., Yelburga, having issued process against the petitioners, they have approached this Court invoking the inherent powers under S.482, Cr.P.C. with a prayer to quash the proceedings so instituted against them.

(2.) In sum and substance, the allegations made in the complaint are : The deceased Shivawwa alias Mallamma was given in marriage to the 1st petitioner Mariappa of Yeddoni village and she was being ill-treated by the petitioners and, they were forcing her to bring money, gold and other ornaments from her parents' house and on the intervention of some persons although he had sent her to her husband's house, advising her to live there and bring good name to the family, but on the very day on which he had sent, he learnt later on that the deceased had died. When he went back to Yeddoni, the dead body was in the well and when it was removed, there were marks of throttling and although he had so complained to the police, the police without making a fair investigation had sent up a charge-sheet against the petitioners for the offence punishable under S.498-A, IPC suppressing the real facts.

(3.) The provision so Sub-Sec.(2) of S.202, Cr.P.C. regarding the enquiry which are mandatory in nature read as follows :