Karnataka HC Quashes Father's Criminal Intimidation Case Against Daughters After They Undertake To Not Cause Any 'Breach Of Peace' Where He Resides
Mustafa Plumber
5 July 2024 8:26 AM GMT
The Karnataka High Court has quashed a case of criminal intimidation registered against two daughters by their father after they undertook before the court that they would not do any such act which would constitute an offence against their father.
A single judge bench of Justice N S Sanjay Gowda allowed the petition filed by the daughters and quashed the proceedings initiated by their father under sections 506, 504, 448 r/w Section 34 of the Indian Penal Code.
The father had alleged that the daughters had accosted him and had a confrontation with him, which, according to the father, amounted to a criminal offence.
Before the court, the daughter filed affidavits stating that they would not do any such act which would constitute an offence against their father, and would also "not do any act which would result in a breach of peace in the premises where the father resides.”
It was also stated that they would resolve the litigation initiated by them seeking a partition of property between themselves, their father and other family members under the law.
Considering the same the court said, “In the light of these affidavits filed by the daughters, and taking on record their statement that they would not in any way disturb or confront their father, the petition is allowed and the proceedings shall stand quashed.”
It added “The proceedings are quashed having regard to the fact that the dispute is essentially a family dispute and has spilled over on the criminal side. This Petition is accordingly allowed.”
Appearance: Advocate Harish B S for Advocate Shivanna B for Petitioners.
HCGP N Anitha Girish for R1.
Advocate P M Naryana Swamy FOR R-2
Citation No: 2024 LiveLaw (Kar) 302
Case Title: ABC & ANR AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO. 4308 OF 2017
