Karnataka High Court
Reena Murli Jethmalani vs Renu Moti Lalla on 6 March, 2020
Equivalent citations: AIRONLINE 2020 KAR 667
CRL.P.NO.7744/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7744 OF 2019
BETWEEN:
REENA MURLI JETHMALANI
AGE 32 YEARS
W/O MR.MANOJ MOTI LALLA
APARTMENT-A 004
SALARPURIA SILVER WOODS
BLOCK 15, VARTHUR ROAD
C.V. RAMAN NAGAR
BENGALURU-560 093
PRESENT ADDRESS:
C/O. MR.MURLI JETHMALANI
C-32, SHANTI KUNJ SOCIETY
OPP. G.P.O., SADHU VASWANI ROAD
PUNE-411 001 ... PETITIONER
(BY SMT. ANITA ABRAHAM, ADV.)
AND
RENU MOTI LALLA
AGED 74 YEARS
W/O LATE SRI MOTI SAHIBRAI LALLA
ADD: APARTMENT-A 004
SALARPURIA SILVER WOODS
BLOCK-15, VARTHUR ROAD
NAGAVARAPALYA
C.V. RAMAN NAGAR
BENGALURU-560 093
CRL.P.NO.7744/2019
2
PRESENT ADDRESS:
1. R/A. TRISTAR SERVICE APARTMENT
NO.1216, DOOPANAHALLI
100 FT ROAD, HAL 2ND STAGE
INDIRANAGAR
BENGALURU-560 038
2. C/O. MANOJ LALLA
TEXAS INSTRUMENTS
NO.66/3, BAGMANE TECH PARK
OPP. LRDE POST
BYRASANDRA
C.V. RAMAN NAGAR
BENGALURU-560 093 ... RESPONDENT
(BY SMT. SHOBHA BHAVIKATTI, ADV.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE COMPLAINT FILED BY THE
RESPONDENT UNDER SECTION 12 OF PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 BEARING
CRIMINAL MISC. NO.159/2017, PENDING IN THE COURT OF
THE LEARNED METROPOLITAN MAGISTRATE AND TRAFFIC
COURT-I MAYO HALL BENGALURU PRODUCED HEREIN AS
ANNEXURE-A AND ALL CONSEQUENT PROCEEDINGS THERETO
AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
"Whether the proceedings in Crl.Misc.No.159/2017 on the file of MMTC-I, Bengaluru against the petitioner are the abuse of the process of the Court?" is the question involved in this case.
CRL.P.NO.7744/20193
2. Respondent is mother-in-law of the petitioner. The marriage of the petitioner and respondent's son Manoj Lalla was solemnized on 24.12.2015. Thereafter, the petitioner and her husband stayed in USA for some time. Respondent also joined them in April, 2016. The relationship between the parties have become sour.
3. Respondent filed Crl.Misc.No.159/2017 against the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'D.V.Act") before the Trial Court alleging that the petitioner has subjected her to domestic violence and sought protection order from mental and physical abuse by the petitioner.
4. The petitioner also filed a complaint in P.C.R.3873/2018 before J.M.F.C., Pune, against respondent and her son alleging the commission of the offences under Section 498A etc. CRL.P.NO.7744/2019 4
5. Petitioner's husband has filed M.C.No.1681/2018 before the Family Court, Bengaluru against the petitioner seeking dissolution of marriage on the ground of cruelty. The petitioner also filed a petition before the Women's Cell, Office of the Commissioner of Police, Pune on 19.03.2018.
6. Smt. Anita Abraham, learned counsel for the petitioner submits that all the allegations made in the petition under Section 12 of the D.V.Act before the Trial Court are false and respondent herself was her tormentor. She further submits that under such circumstances, if the petitioner is directed to face the impugned proceedings that amounts to abuse of the process of the Court.
7. Per contra, Smt.Shobha Bhavikatti, learned counsel for the respondent submits that the petitioner herself was the aggressor. She further submits that all other complaints and domestic violence case filed by the CRL.P.NO.7744/2019 5 petitioner were filed subsequent to the impugned proceedings as a counter blast. She further submits that before the Trial Court respondent is already examined as PW-1 and without cross-examining her the matter is being dodged.
8. It is settled position of law and powers under Section 482 of Cr.P.C. shall be sparingly used to quash the proceedings before the Trial Court. Proceedings can be quashed only if it is shown that they are the abuse of the process of the Court or continuation of the proceedings amounts to failure of justice.
9. It is material to note that only on the mother-in-law filing the domestic violence case in Crl.Misc.No.159/2017 the petitioner has filed several civil and criminal cases before several forums in Pune. It is not disputed that the petitioner filed a petition before the Supreme Court seeking transfer of matrimonial case filed by husband before the family CRL.P.NO.7744/2019 6 Court, Bengaluru and that petition came to be dismissed.
10. There are certain specific allegations against the petitioner in the petition. If those allegations are not true, it is open to the petitioner to cross-examine PW-1 and impeach her case. It is also open to her to lead her own evidence to demonstrate that the domestic violence alleged against her is false.
This Court does not find it a fit case for admission. Therefore, the petition is dismissed.
At this stage, learned counsel for the petitioner submits that the petitioner is ready to go for mediation. It is open to her to seek such process before the Trial Court.
In view of dismissal of the petition, I.A.No.1/2019 stood disposed of.
Sd/-
JUDGE KG