IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 25™ DAY OF NOVEMBER, 2010 BEFORE THE HON'BLE MR. JUSTICE C.R.KUMARASWAMY CRIMINAL PETITION No.4739 OF 2010 Between: Ezekiel Meshack Joseph S/o Joseph, Aged about 54 years, R/at New Electric Colony, Oorgaum Post, KGF - 563 118 v» Petitioner (By M/s.S.Balan & Associates, Advecates) And: 1, The State of Karnataka By Oorgaum Police Station, K.G.F. 2. Jayakumar J S/o Sri.cames, Aged about 55 years, R/at Christ Cottage. 1°t Cross, Robertsenpet Post, KGF - 563. 122. .. Respondents (Sri.B.Rajasubrahmanya Bhat, High Court Government Pleader for respondent No.1 Sri.Syed Imran, Advocate for respondent No.2) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to Vvquash the further investigation and proceedings in CR No.28/10 of Oorgaum Police Station, KGF for the offences punishable under Sections 420, 468, 494, 497, 120(B), 34 of Indian Penal Code ard Sections 6(B) and 12 of the Passport Act. This Petition coming on for Orders this day, the Court made the following:~ OR ER This Criminal Petition is filed ender Section 482 of Code of Crimina! Precedore praying to quash the further investigation and proceedings in Crime No.28/10 of Oorgaum Police Station, KGF for the offences punishable under Sections 420, 468, 494, 497, 129(B). 34 of Indian Penal Code and Sections 6(B) and 12 of the Passport Act. 2. Sri.Syed tran and Dr.C.Gnanapragasam, learned advocates files power on behalf of respondent No.2. 3. The wife of the petitioner files an affidavit. The affidavit reads as follows: “I Smt.Rani Prema Kumari, aged about 48 years, wife of Ezekiel Meshack vyJoseph presently residing at New Electric Colony, Oorgaum post, KGF now at Bangalore do hereby solemnly affirm and state on oath as follows: 1. eo I state that I am the wife of the Sri.Ezekiel Meshack Joseph, our marriage was solemnized on 20.08.1994 at Bethala Church at KGF as per Christian rights and customs, after the marriage we were leading cordiai mairimoniai life. In the year 2006 1 went to London for my avocation as nurse and still working in the same cadre. I submit that due to some incompatibility, my husband approacked Hon'ble Civil Judge at KGF in M.C.No.11/2008, which came to be compromised on 30.11.2009 and we have been in cordial relationship. That I purchased a site through my brother Jaykumar who is the 2nd respondent in the present case. 1 availed loan of %15,00,000/- from my employer and handed over to my brother to buy a piece of land in VvKGF. My brother after collecting the said money purchased a piece of land at KGF for a sum of %4,00,000/- and appropriated balance money for his wrongful gain, since then I do not have any relationship with my brother. He executed a deed that he will buy the said land for 15 lakhs and violated the promise That my brother the 2"4 respondent lodged a report before the 15! respondent against my husband on 05.04.2019 without my knowledge and censent with an intention to keep my husbond away from me, so that he can restrain me from taking any legal action against him. That I have come on leave from London and staying with my husband. I state that | approached my brother asking him to withdraw the case lodged against my husband without any consent or knowledge but he is not obliging me for ulterior motive ey7. 1 submit that my husband has not committed bigamy or any other offence, but my brother is bent upon harassing my husband. I further submit that my brother has already filed a case in C.C,No.416/2609 en the file of Pri.JMFC at KGF which came to be quashed by this Hon'ble Court in Crl.Petition No.4284/2010 He had lodged another report un the same and similiar set of facts which is registered in Crime No,.28/2C10. I state that this is my name and signature and what is stated in the above paragrapas are true and correct to the best of my knowledge, information and belief.” It is mentioned in paragraph No.3 of the affidavit ‘vf Smt.Rani Prema Kumari that she availed loan of 15 lakh from her employer and handed ever io her brother to buy a piece of land in KGF. Her brother after collecting the said money. purchased a piece of land at KGF for a sum of 24 lakh and misused the balance money for his wrongful gain. Since then, the deponent is not o/having any relationship with her _ brother. Deponent’s brother i.e. respondent No.2 had lodged a complaint before respondent No.1 i.e. Oorgaum Police Station and on the basis of the said complaint, Crime No.28/2010 was registered against the petitioner - Ezekiel Meshak Joseph and Register Officer and Municipal Staff, Municipal Office, Robertsonpet, KGF fer the offences punishable under Sections 420, 468, 494, 497, 120(B), 34 of Indian Pena! Code ana Sections 6(B) and 12 of the Passport act. 5. In this regard, a private complaint was also filed for the offences punishable under Sections 420, 168, 494, 497, 120(B), 34 of Indian Penal Code and Sections 6(B) and 12 of the Passport Act and C.C.No.4%6/2009 was registered. This Court by its order dated 09.11.2010 allowed Crl.P Wo.4284/2010 and quashed the proceedings in €.C.No.416/2009 pending on the file of JMFC, KGF, in so far as petitioners in that petition were Ry concerned.6. On the same set of facts respondent No.2 presented a private complaint before the learned Magistrate and another complaint before the Oorgaum Police Station, KGF. On the basis of the complaint lodged before the Oorgaum Police, police have registered a case in Crime No.28/2010 for the offences punishable under Sections 420, 468, 494, 497, 120(B), 34 of Indian Penal Code and Sections 6(B) and 12 of the Passport Act. 7. Learned High Court Gevernment Pleader appearing on behalf cf State submits that the offences relating to violation of provisions of the Passport Act and fabricating the document i.e death sertificate may not be quashed. He further submits thet the investigation may proceed in this case Learned counsel appearing for respondent No.2 denies all the allegations made in the affidavit and also the allegation of receiving %15 lakh. eo9. It is undisputed fact that respondent No.2 has presented a private complaint before the learued Magistrate for the offences punishable ender Sections 494, 497, 506(B) and 120(B) of Indian Penal Code and he has also filed a complaint before the Oorgaum Police Station for the same oifences. One crime is registered on the basis cf the police report and the other crime is registered on the basis of a private complaint lodged before the learned Magistrate. 10. Respondent No.2 herein has alleged that accused No.1 - Ezekiel Meshack Joseph has fabricated the document. and married again during the subsistence of first marriage. Smt.Rani Prema Kumari who is the wife of accused No.1 has filed an affidavit staiing that her brother has lodged a compiaint against her husband without her knowledge and consent with an intention to keep her husband away from her, so that, he can restrain her from taking legal action against him. She has come from London and staying with her vhusband. She also states in her affidavit that her husband has not committed any bigamy or aay other offence, but her brother is bent upoa harassing her husband. It is alleged against accused No.1 that he has married one Marya Sandana Mary, an Indonesian national. But the wife of accused No.1 clearly siates in her affidavit that her husband has not committed bigamy or any other offence and her brother has bent upon harassing her husband. ‘The wife of accused No.1 has stated in her affidavit that her husband has not committed any offence or bigamy and that they are living togetixer and her brother has exploited the situation, since he has borrowed %15 lakh from the wife of accused No.1. It is the contention of learned counsel for the petitioner that judicial process has been used for improper purpose by the brother of the deponent with an intention to gain an advantage unrelated to the intended purpose, since he had borrowed %15 lakh from his sister. There is force in the submission of the learned counsel for the petitioner. In that view of the ey-10- matter, Crime No.28/2010 of Oorgaum Police Station, KGF is liable to be quashed. In so far as the offence relating to contravention of the Passport Act, the Passport Officer is at liberty io take appropriate action against ihe petitioner. Accordingly. I pass the following: ORDER (i) This Criminal Petition is allowed (i) Crime No.28/2010 of Gorgaum Pelice Station, KGF is hereby quashed (ili) In so iar as offence under Sections 6(B) and 12 of the Fa port. Act is concerned, the Passport Officer. is at liberty to take appropriate action independently s4/3_ Judg AHa