THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.6722 OF 2007 ORDER: 1 This is a petition filed under section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.45 of 2007 on the file of the court of the Judicial Magistrate of I Class, Kollapur. 2 Brief facts are that second respondent is the wife of one Shivareddy. First petitioner is the brother, petitioners 2 and 3 are the parents, fourth petitioner is the sister and fifth petitioner is the daughter of another sister of the said Shivareddy. 3 Initially a complaint was made before the Station House Officer, Kollapur against the husband i.e. Shivareddy and the petitioners herein by the second respondent herein and the same was registered as a case in Cr.No.55 of 2006 on 10.04.2006. After investigation the police filed charge sheet only against the husband by deleting the names of the petitioners herein and the same was taken on file by the learned Judicial Magistrate of I Class, Kollapur as C.C.No.183 of 2006 for the offence punishable under section 498-A of IPC. As the police have not filed charge sheet against the petitioners herein, the complainant i.e. second respondent approached the court below and filed a private complaint and the court below has taken cognizance of the said private complaint against the petitioners herein as C.C.No.45 of 2007 and issued summons. As stated supra, the same is questioned in this petition. 4 Heard the learned counsel for the petitioner. 5 No doubt, there are specific allegations made against the petitioners herein by the second respondent in the complaint filed by her i.e. in C.C.No.45 of 2007. But from a perusal of the charge sheet filed in C.C.No.183 of 2006, it appears, the said implication of the petitioners herein is false. In the charge sheet filed under section 173 of Cr.P.C. which was taken on file as C.C.No.183 of 2006 by the learned Magistrate it is stated by the investigating officer that he examined the neighbours, Panchayat elders, victim and the accused and recorded their statements. Having considered the said submissions only the investigating officer i.e. Sub Inspector of Police, Kollapur P.S. filed the charge sheet only against the husband i.e. Shivareddy by deleting the names of the petitioners herein who are the parents-in-law, brother and sister’s daughter of the husband of the second respondent. Taking the said statements recorded by the investigating officer into consideration and also the fact that no charge sheet was filed against the petitioners herein in C.C.No.183 of 2006, this court is of the view that the present complaint is nothing but abuse of process of the court. In fact, this court takes aid of the finding given by the apex Court in STATE OF HARYANA V. BHAJANLAL[1] wherein the apex Court while framing certain guidelines observed at Clause No.7 as follows: “Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 6 In view of the above discussion, this petition is allowed and the proceedings in C.C.No.45 of 2007 on the file of the court of the Judicial Magistrate of I Class, Kollapur registered for the offence punishable under section 498 –A and 506 of IPC are hereby quashed. -------------- 28.06.2010 Kvsn [1] 1992 SUPP (1) SUPREME COURT CASES 338