Karnataka High Court
Hanamanthappa Yallappa Iliger, vs Yallamma W/O. Fakkirappa Iliger, on 9 August, 2011
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE Q9u1 DAY 0 AUGUST 2011
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
BETWEEN:
Hanamanthappa Yallappa luger,
Age 62 years, 0cc: Agriculture,
R/o. Dommanal, Tq.: Hangal,
District Haven,
2. Basavaraja Hanamanthappa Higer,
Age 37 years, 0cc.: Agriculture,
R/o. Dommanal, Tq.: Hangal.
District Haven.
3. Maruti Hanamanthappa luger,
Age 40 years, 0cc.: Agriculture,
R/o. Dommanal, Tq.: Hangal,
District Haven.
4. Prakash Hanamanthappa luger,
Age 22 years, 0cc.: Agriculture,
R/o. Dommanal, Tq.: Hangal,
District Haven.
5. Smt. Shanthavva, W/o. Hanamanthappa luger,
Age 47 years, Occ.:Agniculture,
R/o. Dommanal, Tq.: Hangal.
District Haven.
6. Laxmappa Yallappa luger,
Age 45 years, 0cc.: Agriculture,
R/o. Dommanal, Tq.: Hangal,
District Haven.
7. SmtRatnavva Laxmappa luger.
Age 32 1years 0cc.: Agjiculture,
Rio. Dommanal. Tq.: Hangal.
District Haven.
8. Lohit Laxmappa Luger.
Age 20 years. 0cc.: Agriculture.
R,o. Dommarial. Tci.: Ilangal,
District Haven.
9. Ramappa Yallappa luger
Age 52 years. 0cc.: Agriculture,
R/o. Dommanal. Tq.: Hangal.
District Haved.
10. Paravva Ramappa luger.
Age 42 years. 0cc.: Agriculture.
R/o. Dommanal, Tq.: Hangal,
District Raved.
11. 'rallappa Ramappa Iliger.
Age 30 years, 0cc.: Agriculture.
R/o. Dommanal. Tq.: Hangal.
District Raved.
Petitioners
(B Shri Santosh M.Babaji, Advocate)
AND:
Yallamma W/o.Fakkirappa Iliger.
Age 27 years, 0cc.: Housewife.
R/o.Dommanal. Tq.: Hangal.
District Haveri.
Respondent
(Respondent served)
This criminal petition is filed under Section 482 of
the Code of Criminal Procedure seeking to set aside the
order dated 12.10.2010 passed by the Civil Judge.
(Junior Division) and J.M.F.C. Court, Hanagal. in
Criminal Case No.140/2010 (Private Complaint
S
• •1•
..J.
No.4/2009) thereby directing registration of criminal
case against the petitioners, who have been arrayed as
accused Nos. 1 to 11 respectively, for the offences
punishable under Sections 323 and 504 read with
Section 149 of Indian Penal Code and directing issuance
of process against the petitioners herein and
consequently quash the entire proceedings.
This criminal petition coming on for admission
this day, the Court made the folloing:
ORDER
Heard Shri Santosh M. Babaji. the learned counsel appearing for the petitioners.
2. The petitioners are seeking to quash the proceedings in Criminal Case No.l4O201O. which arise out of a Private Complaint No.4/2009 filed by the respondent/complainant allcging commission of offences under Sections 323, 324 and SOb read ith Section 149 of the Indian Penal Code. The learned Magistrate has taken cognizance of offences onh under Sections 323 and 504 read with Section 149 of the Indian Penal Code.
3. On perusal of the order taking cognizance. it is seen that the Magistrate has applied his mind and :4: also 'B' report. so also the sworn statement of the complainant and two witnesses. After discussing the contents of the sworn statement. the learned Magistrate has come to a conclusion that the offence mentioned above are made out. There are m' grounds to interfere with the order passed by the learned Magistrate.
Under the circumstances. this petition is devoid of merits and the same is dismissed.
Rsh RIDGE