@JUDGMENTTAG-ORDER
C.R. Kumaraswamy, J.@mdashThis Criminal Petition is filed u/s 482 of Code of Criminal Procedure 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, 120B, 34 of Indian Penal Code and Sections 6B and 12 of the Passport Act.
2. Sri. Syed Imran 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 Joseph presently residing at New Electric Colony, Oorgaum post, KGF now at Bangalore do hereby solemnly affirm and state on oath as follows:
1. 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 cordial matrimonial life. In the year 2006 I went to London for my avocation as nurse and still working in the same cadre.
2. I submit that due to some incompatibility, my husband approached 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.
3. That I purchased a site through my brother Jaykumar who is the 2nd Respondent In the present case. I availed loan of Rs. 15,00,000/- from my employer and handed over to my brother to buy a piece of land in KGF. My brother after collecting the said money purchased a piece of land at KGF for a sum of Rs. 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 and land for 15 lakhs and violated the promise.
4. That my brother the 2nd Respondent lodged a report before the 1st Respondent against my husband on 05.04.2010 without my knowledge and consent with an intention to keep my husband away from me, so that he can restrain me from taking any legal action against him.
5. That I have come on leave from London and staying with my husband.
6. I state that I 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.
7. I 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. 416/2009 on the file of Prl.JMFC at KGF which came to be quashed by this Hon''ble Court in Crl. Petition No. 4284/2010. He had lodged another report on the same and similar set of facts which is registered in Crime No. 28/2010.
I state that this is my name and signature and what is stated in the above paragraphs are true and correct to the best of my knowledge, information and belief.
4. It is mentioned in paragraph No. 3 of the affidavit of Smt. Rani Prema Kumari that she availed loan of Rs. 15 lakh from her employer and handed over to 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 Rs. 4 lakh and misused the balance money for his wrongful gain. Since then, the deponent is not 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 tor the offences punishable under Sections 420, 468, 494, 497, 120B, 34 of Indian Penal Code and 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, 468, 494, 497, 120(B), 34 of Indian Penal Code and Sections 6(B) and 12 of the Passport Act and C.C. No. 416/2009 was registered. This Court by its order dated 09.11.2010 allowed Crl.P No. 4284/2010 and quashed the proceedings in C.C. No. 416/2009 pending on the file of JMFC, KGF, in so far as Petitioners in that petition were 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 Government Pleader appearing on behalf of State submits that the offences relating to violation of provisions of the Passport Act and fabricating the document i.e. death certificate may not be quashed. He further submits that the investigation may proceed in this case.
8. Learned Counsel appearing for Respondent No 2 denies all the allegations made in the affidavit and also the allegation of receiving Rs. 15 lakh.
9. It is undisputed fact that Respondent No. 2 has presented a private complaint before the learned Magistrate for the offences punishable under Sections 494, 497, 120(B) and 120B of Indian Penal Code and he has also filed a complaint before the Oorgaum Police Station for the same offences. One crime is registered on the basis of 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 stating that her brother has lodged a complaint 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 husband. She also states in her affidavit that her husband has not committed any bigamy or any other offence, but her brother is bent upon 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. l clearly states 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 together and her brother has exploited the situation, since he has borrowed Rs. 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 Rs. 15 lakh from his sister. There is force in the submission of the learned Counsel for the Petitioner. In that view of the 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 to take appropriate action against the Petitioner. Accordingly, I pass the following:
ORDER
(i) This Criminal Petition is allowed.
(ii) Crime No. 28/2010 of Oorgaum Police Station, KGF is hereby quashed.
(iii) In so far as offence under Sections 6(B) and 12 of the Passport Act is concerned, the Passport Officer is at liberty to take appropriate action independently.
