(1.) The present petition is filed by the petitioner/accused No.2 under Section 482 Cr.P.C. praying to quash the proceedings in C.C.No.79/2016 pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC Court, Byadagi for the offences punishable under Sections 451 and 304 R/w. Section 34 of the IPC.
(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent No.1 - State and the learned counsel appearing for the respondent No.2 - complainant.
(3.) The gist of the complaint is that, on 07.10.2015at about 8.45 pm, when the deceased was in the house, accused Nos. 1 and 2 came to the house of the complainant and enquired about her father. The complainant replied about her father taking rest in the house as he was not feeling well. Accused No.1 did not listen to the say of the complainant and went inside the room and started talking loudly with the deceased about 10-15 minutes. It is further alleged that the father of the complainant had requested accused No.1 to speak slowly and after some time, the father asked the complainant to bring water. When the complainant came back by bringing the water to the room, accused No.1 was standing near her father and the complainant's father was silent and did not talk. When she asked accused No.1, he did not reply and he fled away from the place on the motorcycle along with accused No.2. and with the help of other persons, they came to know that the accused No.1 throttled her father's neck and killed him and complaint was registered.