Mrs.Anith Prem Victor Vs the State of Karnataka

THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND TO QUASH THE FIR IN CR.NO.290/2024 FOR THE OFFENCE P/U/S 318(4) OF BNS, 2023 REGISTERED BY THE JEEVANBHIMANAGAR POLICE STATION, AGAINST THE PETITIONER AND THE SAME IS PENDING BEFORE THE HON'BLE 10TH ADDL. CMM (MAYO HALL UNIT) BENGALURU.

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THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by the petitioner - wife seeking quashing of the proceedings initiated at the instance of respondent No.2 – husband, who has lodged a complaint alleging that the petitioner – wife taking undue advantage of his ill-health has induced insulin and has transferred the amount through online by using his credentials.

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2. On receipt of the written complaint, a case came to be registered in Crime No.0290/2024. Feeling aggrieved by the registration of the said crime, the petitioner – wife has approached this Court seeking quashing of the

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proceedings. The principal ground urged is that the FIR was lodged after an inordinate delay of 92 days from the date of the alleged incident, without any plausible explanation offered by the complainant. It is further contended that a plain reading of the complaint does not disclose any offence as against the petitioner – wife. Therefore, to prevent abuse of process of law and unnecessary humiliation to the petitioner, learned counsel has persuaded this Court to interdict the investigation, which if permitted to continue, would be nothing but a futile exercise.

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3. Learned counsel appearing for the Defacto Complainant, on the other hand, has filed a detailed statement of objections. Along with the objections, several documents pertaining to the complainant’s health condition have been produced. It is also pointed out that CCTV footages have been placed on record to substantiate the allegations made in the complaint.

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4. The learned counsel for the petitioner has seriously disputed the reliance placed upon the CCTV footages produced by the Defacto Complainant. It is urged that the said footages have no nexus whatsoever with the

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alleged incident referred to in the complaint and are being selectively produced only with an intention to mislead this Court.

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5. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.

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6. On perusal of the materials placed on record, this Court notices that the CCTV footages, prima-facie , indicate that the Defacto Complainant is not in sound health. The crucial issue, however, is whether the petitioner – wife, taking undue advantage of the ill-health of respondent No.2 – husband, has diverted the funds lying in his bank account. This is essentially a matter of factual ascertainment, which falls within the exclusive domain of

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the Investigating Officer and can be established only after

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a thorough investigation.

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7. At the same time, bearing in mind that the complainant is none other than the husband, who has been leading a marital life with the petitioner for several years, this Court is conscious of the sensitive nature of the dispute. While the allegations do warrant investigation, it is equally important to ensure that, under the guise of investigation, the petitioner – wife, who is herself wellqualified and gainfully employed, is not subjected to unnecessary harassment or humiliation at the hands of the investigating agency. The process of investigation cannot be permitted to degenerate into a tool of oppression.

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8. Accordingly, while permitting the investigation to proceed, this Court deems it appropriate to clarify that the petitioner shall extend full cooperation to the Investigating

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Officer. In the event that any information, documents, or details are sought in the course of investigation, the

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petitioner shall furnish the same, provided such material is within her possession and within her reach. This balance, in the opinion of the Court, would sufficiently safeguard the interests of both parties at this stage.

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9. In view of the foregoing reasons, this Court proceeds to pass the following;

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ORDER

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(i) The petition stands disposed of.

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(ii) The Investigating Officer is at liberty to proceed with the investigation in accordance with law. However, while doing so, he shall ensure that the petitioner is not subjected to any form of harassment and that no coercive measures are adopted, keeping in view the matrimonial relationship between the petitioner and the complainant.

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(iii) It is made clear that this order shall not preclude the Investigating Officer from filing a final report against the petitioner, if

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