Criminal Petition No. 200723/2014. Case: Sandeep and Ors. Vs The State of Karnataka and Ors.. Karnataka High Court

Case Number:Criminal Petition No. 200723/2014
Party Name:Sandeep and Ors. Vs The State of Karnataka and Ors.
Counsel:For Appellant: N. Krishnacharya, Advocate (NOC) and For Respondents: Maqbool Ahmed, HCGP
Judges:K.N. Phaneendra, J.
Issue:Criminal Law
Judgement Date:February 19, 2015
Court:Karnataka High Court
 
FREE EXCERPT

Order:

K.N. Phaneendra, J.

  1. The petitioner has approached this Court seeking to quash the FIR at Annexures-E and F in Crime No. 162/2014 on the file of Gandhi Gunj Police Station, Bidar.

  2. The records disclose that respondent No. 2-Surekha claiming herself to be the wife of first petitioner lodged a complaint before Gandhi Gunj Police Station on 07.07.2014 making allegations that she was given in marriage to the first petitioner on 06.05.2007 and at the time of marriage, lot of demand with regard to cash amount, gold and silver articles etc., was made by petitioner No. 1 herein and his family members. Even after the marriage, petitioners have been ill-treating and harassing the complainant and treated her with all cruelty. In this background, it is alleged that on 22.06.2014 in the afternoon, when the complainant was in her maternal home at Vidhyanagar Colony, Bidar, all the petitioners came there and threatened her with dire consequences at the tip of knife, abused her in filthy language and demanded a sum of Rs. 20,00,000/-. On these allegations, the police have registered a case and started investigation. At this stage, the present petition is filed for quashing of the entire first information report on the ground that the second respondent is married to some other person and converted herself to Mohammedan community. Therefore, the compliant does not survive.

  3. In order to ascertain the said fact and to consider the validity of the certificate issued by the Chief Executive Officer, Andhra Pradesh Wakf Board dated 30.10.2014 produced...

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