SUREKHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102034/2017 has been filed by the petitioner/accused Nos. 1 and 3 and Criminal Petition No.102037/2017 has been filed by the petitioner/accused No.2 under Section 482 Cr.P.C. to quash the order dated 07.09.2015 passed by the JMFC IV Court, Belagavi, in CC No.998/2015 taking the cognizance for the offences punishable under Sections 323, 504, 506 and 420 R/w. Section 34 of the IPC.

(2.) I have heard the learned counsel for the petitioners, learned HCGP for respondent No.1 and the learned counsel appearing for respondent No.2 - complainant in both the cases.

(3.) The gist of the complaint is that, accused No.1 is the daughter-in-law of the complainant. Accused No.1 got married with the complainant's son on 13.05.1995. After the marriage, accused No.1 came to matrimonial home and led marital life. Her husband was helping respondent No.2 - complainant and his father in money lending business. During the year 2003, the husband of accused No.1 expired leaving behind accused No.1 and his daughter. It is further alleged that one of the sister-in-law of the accused No.1 by name Suman was not cordial terms with accused No.1 and she used to ill-treat her and as such, accused No.1 started residing in her parental house. Thereafter the complainant and her husband thought regarding the injustice caused to accused No.1 and complainant on her own came to accused No.1 and expressed her desire to give the residential house situated in Belagavi and executed a registered a gift deed on 20.10.2014 donating the residential house bearing plot No.72 corresponding to CTS No.5295. The actual possession of the property was also delivered. Since the accused No.1 and the sister-in-law Suman were not in good terms, she insisted respondent No.2 - complainant to cancel the gift deed. As gift deed has already been executed, she told that it cannot be cancelled and as such, she requested to file a suit to declare the gift deed as null and void. It is further alleged that, on the same day a private complaint has been filed against accused No.1 and other witnesses. The matter was referred to the APMC Police Station, Belagavi and after investigation charge sheet has been filed. Thereafter, the Court below by order dated 17.09.2015 took the cognizance and issued summons. Challenging the same the accused/petitioners are before this Court.