Karnataka High Court: A Single Judge bench comprising of John Michael Cunha, J. decided a criminal petition filed under Section 482 CrPC, wherein the Court declined to quash the charge-sheet filed against the petitioner under Sections 417, 201, 504 and 506 of IPC.
The petitioner was accused of offences under the above-mentioned sections. It was alleged that he had regular sexual relation for more than six years with the complainant on the pretext of marrying her. However, the petitioner breached the promise and married someone else and hence, the complainant was constrained to initiate criminal action against him. Learned counsel for the petitioner submitted that the criminal prosecution initiated against the petitioner was ulteriorly motivated. Further, the charge-sheet does not make out any offence against the petitioner. He prayed that the charge-sheet filed against the petitioner may be quashed.
The High Court, after perusing the record and considering the submissions made on behalf of the parties, found that prima facie material was available in proof of the allegations made against the petitioner. The material collected in evidence by the prosecution make out the ingredients of the offences alleged against the petitioner. The contentions raised by the counsel for the petitioner had to be considered during course of the trial. The Court held it to be a settled law that the inherent powers under Section 482 should not be exercised to stifle a legitimate prosecution. From the material available on record it could not be said that the prosecution initiated against the petitioner was either false, vexatious or an abuse of the process of court.
In such circumstances, the Court declined to grant relief as prayed for by the petitioner and the petition was accordingly dismissed. [Kiran v. State of Karnataka, Crl. Petition No. 102483 of 2017, dated 16.04.2018]
