Karnataka High Court
Sri. Prakash vs Irfan & Anr on 24 September, 2019
1 Crl.P.No.200501/2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.200501/2019
BETWEEN:
SRI PRAKASH S/O SANGANAGOUDA CHOUDHARI
AGE: 44 YEARS, OCC: COOLIE
R/O NEAR SANGMESHWAR GUDI, SINDHAGI
TALUK: SINDHIGI, DIST. VIJAYAPURA
... PETITIONER
(BY SRI SANJAY A.PATIL, ADVOCATE)
AND:
1. IRFAN S/O ABDULNABI ALAND
AGE: 23 YEARS, R/O TAKIYAGALI
SINDHIGI, TALUK: SINDHIGI
DISTRICT: VIJAYPURA - 586 128
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SUPERINTENDENT
OF POLICE, VIJAYPURA
DISTRICT: VIJAYPURA
BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALBURGI - 585 103
...RESPONDENTS
(SRI LIYAQAT FAREED USTAD, ADVOCATE FOR R-1;
SRI MALLIKARJUN SAHUKAR, HCGP FOR R-2)
2 Crl.P.No.200501/2019
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
IMPUGNED ORDER DATED: 08-04-2019 PASSED BY
THE SENIOR CIVIL JUDGE AND JMFC, SINDAGI IN
P.C. NO.10/2019 ON ITS FILE AND QUASH THE
ENTIRE PROCEEDINGS IN P.C. NO.10/2019 ON THE
FILE OF SENIOR CIVIL JUDGE AND JMFC, SINDAGI
THEREBY ALLOWING THIS CRIMINAL PETITION.
THIS PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
"Whether the proceedings in P.C. No.10/2019 on the file of Senior Civil Judge & JMFC, Sindagi against the petitioner amount to abuse of process of the Court"? is the question involved in this case.
2. Petitioner filed complaint in Crime No.35/2019 alleging that his daughter 'X' (For the purpose of confidentiality victim is referred to as 'X' 3 Crl.P.No.200501/2019 henceforth) aged 17 years is missing from her school namely Bapuji International Residential School, Bilagi since morning of 14-03-2019 and he requested to trace his daughter.
3. On registering the complaint, Bilagi police during the investigation traced the missing girl 'X' and first respondent at Ajmer, brought them back on 30-03-2019 and produced her before the Senior Civil Judge & JMFC, Bilagi. The copy of the order sheet in Crime No.35/2019 recorded on 30-03-2019 and 01-04-2019 was made available for perusal of this Court.
4. On 30-03-2019 'X' purportedly revealed that, she is major and she has married to first respondent Irfan. The Magistrate found that, the statement of 'X' has to be recorded. Till then, she shall be lodged in Srushti Mahila Santwan 4 Crl.P.No.200501/2019 Kendra. Then Magistrate ordered the Investigating Officer to lodge her in Srushti Mahila Santwan Kendra, Bagalkot till 01-04-2019 and produce her before the Court on 01-04-2019.
5. On 01-04-2019 'X' was produced before the Court and she expressed her willingness to join her parents. Therefore, vide order dated 01-04- 2019 the Magistrate entrusted her to the custody of the petitioner and ordered to list the matter on 24- 04-2019 awaiting final report.
6. On 08-04-2019 the first respondent filed complaint in P.C. No.10/2019 before the Senior Civil Judge & JMFC, Sindagi claiming that himself and 'X' were loving each other and left to Jamnagar on 14-03-2019. He further claimed that 'X' voluntarily converted to Islam religion and married him on 17-03-2019, but still the police on bringing 5 Crl.P.No.200501/2019 them back produced her on 30-03-2019 before the Magistrate illegally. He further claimed in the complaint that the accused in collusion with the police has wrongfully confined 'X' in a secret place and sought to prosecute the petitioner for the offences punishable under sections 343 & 346 Indian Penal Code.
7. Along with the complaint, first respondent filed application under section 97 Code of Criminal Procedure seeking search warrant against the petitioner for searching 'X'. The learned Magistrate by the impugned order dated 08-04-2019 first allowed the application of the first respondent and ordered to issue search warrant against the petitioner for search of 'X' and then acting under Section 156 (3) Code of Criminal Procedure referred the complaint to SHO, Sindagi for investigation. 6 Crl.P.No.200501/2019
8. The impugned order and the proceedings in P.C.No.10/2019 are sought to be quashed in this case on the ground that they were outcome of suppression of material fact and abuse of process of the Court.
9. To constitute an offence under Sections 343 and 346 Indian Penal Code, there must be wrongful confinement. The copies of the order in Crime No.35/2019 passed by the Senior Civil Judge and JMFC, Bilagi show that by judicial order, the custody of 'X' was given to the petitioner. That order is in operation till this day.
10. The first respondent in his complaint though narrated all the incident upto 30-03-2019 suppressed the fact of the Court handing over the custody of 'X' to the petitioner by judicial order. As 7 Crl.P.No.200501/2019 on the date of the filing of the complaint, the first respondent was well aware that the 'X' is in the custody of the petitioner by virtue of the order of the competent Court. Still suppressing that material fact, he filed complaint against the petitioner and managed to secure an order from the Court.
11. Such act of the first respondent is not only abuse of process of the Court, but amounts to playing fraud on the Court and Contempt of Court Proceedings as the act amounts to interference of judicial order passed on 01-04-2019 by the Senior Civil Judge and JMFC, Belagi.
12. Under the circumstances, the petition is allowed on payment of cost of Rs.10,000/- payable by the first respondent to the petitioner within one month from the date of this order, failing which, the same shall be recoverable as fine amount. 8 Crl.P.No.200501/2019
The entire proceedings in P.C.No.10/2019 on the file of Senior Civil Judge and JMFC, Sindagi including impugned order dated 08.04.2019 are hereby quashed.
In view of the dismissal of the petition, I.A.No.1/2019 stood disposed of accordingly.
Sd/-
JUDGE MWS/RSP