MALLAPPA @ MALLIKARJUN SHRISHAIL TARDALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' counsel and also the counsel appearing for respondent Nos.1 and 2.

(2.) The factual matrix of the case is that respondent No.2 has given the complaint stating that these petitioners along with others subjected her daughter for harassment making the allegation that her daughter does not know how to cook. The allegation is made in the complaint by the mother of the victim that on 23/3/2018 at around 1.00 p.m. she has received an information that her daughter has consumed the poison and immediately she was taken to the hospital and complainant also rushed to the hospital and made an allegation against her daughter's husband and also against the family members and based on the complaint, the police have registered the case against the petitioners for the offence punishable under Section 498A. Thereafter, after the investigation filed the charge sheet for the offences punishable under Sections 143, 147, 498(A), 307 r/w 149 of IPC.

(3.) The petitioners before this Court are the brother-in-law of the victim and also the daughter of sister-in-law. The main contention of these petitioners that the first petitioner is employed in Shri Shiv Shakti Gurukul Vidyalaya Belagavi and residing at Udyambag, Belagavi. Besides the first petitioner was very much on duty in the said school and he is noway concerned with the alleged incident and the second petitioner is a college going unmarried daughter of the married sister of the husband of the victim and residing in Nagarmunoli village in her parents house, she has nothing to do with the maritalissues of the victim and her husband. These two petitioners were falsely implicated in the case only in order to rope all the family members. The other contention that the entire reading of the complaint and FIR.itself reveals that the very complaint is false and only with an ill-will and grudge against the husband, in laws and other relatives of husband, a false complaint is lodged. The statement of the victim also does not specifies any specific overt act allegations against these petitioners. Hence, prayed this Court to quash the proceedings initiated against these petitioners on the ground that it is nothing but an abuse of process.