HANUMANTHAPPA H Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' Counsel and the learned HCGP for respondent 1 and the Counsel for respondent 2.

(2.) The petitioners in all the petitions are the husband and brother-in-law of respondent 2. The respondent 2 is the wife of the petitioner 1 in all the cases. The factual matrix of the case is that the marriage of petitioner 1 and respondent 2 was solemnised in the year 1997 and dispute started in the year 2016 and based on the averments of all the petitions, it is stated that the incident was taken place on 15-8-2016 between one Prakash and the brother of the husband i.e. petitioner 2 and hence the brother of the husband gave the complaint and case is registered in Crime No. 122/2016 and the other allegation that in pursuance of the said complaint as a counterblast the wife has lodged another complaint on 16-8-2016 alleging that the incident was taken place on 15-8-2016 at 20.00 hours and in both the complaints the timings are same and hence the case has been registered against these petitioners in respect of Crime No. 123/2016 for the offence punishable under Sections 498A, 504, 506, 323 and 324 read with Section 34 of Indian Penal Code, 1860. The other contention in the other petition in Cri. P. No. 101740/2018 is that another false complaint is given by the wife and the same is registered in Crime No. 52/2017 which is numbered as C.C. No. 90/2018 and the same is also for the offence punishable under Section 307 read with Section 34 of IPC. The petitioners in the other petition also contended that one more complaint is given by the wife alleging that the incident was taken place on 29-3-2017 and the complaint was given on 1-4-2017 which is numbered as C.C. No. 36/2018 for the offences punishable under Sections 498A, 323, 355, 511 and 506 of IPC and while filing the charge-sheet the case is registered only for the offence under Section 498A of IPC.

(3.) The petitioners' Counsel in all the petitions has contended that only in order to harass the husband and his brother the respondent 2 is filing false cases in one or the other cases and the police have also investigated the matter and filed false charge-sheet against the petitioners and hence it is nothing but an abuse of process and if the proceedings is continued it amounts to miscarriage of justice and hence prayed this Court to quash the proceedings.