Court Cannot Interfere U/S 482 CrPC When Prima Facie Materials Exist Against Accused: Karnataka HC Refuses To Quash Defamation Case
|The Karnataka High Court, while dismissing a petition to quash defamation proceedings, observed that the Court must consider allegations against each accused individually and when prima facie material is found against aaccused, the Court cannot interfere under Section 482 CrPC.
The Court was hearing a Criminal Petition filed under Section 482 CrPC seeking to quash proceedings against the accused for the offences punishable under Sections 499, 500 read with Section 34 and 120(B) of IPC.
The bench of Justice H.P. Sandesh observed, “Court has to take note of the allegation made against each of the accused and when prima facie materials are found against the petitioners to take cognizance and issued the process, the question of interference by exercising the power under Section 482 of Cr.P.C. does not arise.”
Advocate Hitesh Gowda B.J. appeared for the Appellant and Advocate Suyog Herele appeared for the Respondent.
Brief Facts-
The respondent filed a private complaint alleging that accused No.1's sexual harassment complaints against him were part of a conspiracy which was supported by accused Nos. 3 and 4, to damage his reputation. The trial Court dismissed charges against some accused but proceeded against Nos. 1, 3, and 4. After accused No.1 settled with the complainant and withdrew the complaint, accused Nos. 3 and 4 filed the present petition to quash the proceedings on the ground that without the main complaint, the conspiracy charges should also be dropped.
The Court noted that it is not in dispute that a compromise was entered into between the complainant and accused no. 1.
The Court noted the observation made by the trial Court when it held that accused No.3 knew fully well that there was no incident of sexual harassment to accused No.1 by the complainant gave a false statement before the competent authority and therefore there is a prima facie material against accused No.3.
The Court further noted the observation of the trial Court where it held that there is prima facie material against accused No.4 to that effect and without there being any reason he made a false and baseless allegations against the complainant.
The Court took note of the material on record and observed, “When such materials are placed on record, it is not a fit case to exercise the inherent power under Section 482 of Cr.P.C.”
Accordingly, the Court dismissed the Criminal Petition.