Criminal Petition No. 2928 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2928 OF 2022 BETWEEN: SMT. NOOR JAHAN AGED 50 YEARS, WIFE OF ISMAIL KASIM RESIDING AT NO.203, II FLOOR, SUKH SAGAR APARTMENT, BENDOORWELL MANGALURU - 575 002. (BY SRI. PALLAVA .R., ADVOCATE) Digitally signed by SWAPNA V Location: high court of karnataka AND: 1. THE STATE OF KARNATAKA BY MANGALURU SOUTH P.S. MANGALURU CITY - 575 001 REPRESENTED BY THE LEARNED SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER
Legal Reasoning
2. SHRI. CHANDRASHEKAR K AGED 52 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, OCCUPATION: ASST. SUB-INSPECTOR OF POLICE MANGALURU SOUTH POLICE STATION PANDESHWARA, MANGALURU CITY - 575 001. (BY SMT. K.P. YASHODHA, HCGP FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED FIR DATED 08.12.2021 IN CRL.NO.170/2021 REGISTERED BY THE MANGALURU SOUTH P.S., THE 1ST - 2 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 RESPONDENT HEREIN AS AGAINST THE PETITIONER BY ARRAIGNING HER AS ACCUSED FOR THE OFFENCE P/U/S 306 OF IPC ON THE FILE OF THE JMFC (II COURT), MANGALURU, D.K., WHICH IS GIVEN HEREIN AT ANNEXURE-A. THIS CRL.P, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being the sole accused is seeking to quash the criminal proceedings initiated against her in Cr.No.170/2021, on the file of the learned JMFC (II Court), Mangaluru, D.K., for the offence punishable under Section 306 of Indian Penal Code ( for short 'IPC'). 2. Brief facts of the case are that, respondent No.2 being the informant filed the first information stating that he being the police officer received an audio clipping to his mobile phone from the deceased stating that he was abetted and induced to commit suicide by the petitioner as she was trying to convert his wife into Muslim community and therefore, his wife and children have died and he was also compelled to commit suicide. A case under Section 306 of IPC was registered and the investigation was undertaken. In the meantime, the - 3 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 petitioner has approached this Court seeking to quash the criminal proceedings initiated against her, in the interest of justice. 3. Heard Sri. Pallava R., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent Nos.1 and 2. Perused the materials on record. 4. Learned counsel for the petitioner contended that none of the ingredients under Section 306 of IPC could be attracted to the facts of the case. Even if the averments made in the first information are to be accepted, there is no chance of convicting the petitioner on the basis of such allegations. 5. Learned counsel placed reliance on the decision of the Hon’ble Apex Court in Mohit Singhal and another1, Kanchan Sharma Vs. State of Uttar Pradesh an another2, Arnab Manoranjan Goswami Vs. State of Maharashtra and others3 to contend that to attract Section 306 of IPC, there must be an abetment as defined under Section 107 of
Decision
ORDER The petition is dismissed. In view of the disposal of the main petition, pending IA No.1/2024 stands disposed of. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 11