Sri Kotresh D vs The State Of Karnataka on 15 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF NOVEMBER, 2017

BEFORE

THE HON’BLE Mr. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.4889 OF 2017

BETWEEN:
1. SRI KOTRESH D.L.,
S/O LAKSHMANA,
AGED ABOUT 31 YEARS.

2. SRI LAKSHMAN
S/O KOTRAPPA,
AGED ABOUT 66 YEARS.

3. SMT.CHOWDAMMA,
W/O LAKSHMAN,
AGED ABOUT 58 YEARS.

PETITIONERS NO.1 TO 3
ARE RESIDING AT 1ST CROSS,
1ST MAIN, K.R.NAGAR,
HARIHARA, DAVANAGERE
DISTRICT – 577 601.

4. SMT. SHEELA @ JYOTHI
W/O KRISHNAPPA,
AGED ABOUT 36 YEARS,
R/O 6TH CROSS,
1ST MAIN, MARUTHI NAGAR,
RANEBENNUR, HAVERI DISTRICT – 581 115.
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5. SMT. ROHINI
W/O NAVEEN KUMAR T.
AGED ABOUT 25 YEARS,
R/AT NO 17-2-160B,
DHANU BASAPPA STREET,
RAYADURGAM,
ANANTHAPURA DISTRICT,
ANDHRA PRADESH – 515 865.
… PETITIONERS

(By Sri MOHANKUMAR.D., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
HARIHARA TOWN POLICE STATION,
HARIHARA, DAVANAGERE – 577 601.
REPRESENTED BY ITS S.P.P,
KARNATAKA HIGH COURT BUILDINGS,
HIGH COURT, BENGALURU – 01.

2. SMT.SHWETHA
W/O KOTRESH D.L.,
AGED ABOUT 31 YEARS,
R/AT 1ST CROSS,
1ST MAIN, K.R.NAGAR, HARIHARA,
DAVANAGERE DISTRICT – 577 601.
… RESPONDENTS

(By Sri SANDESH J.CHOUTA, SPP-II FOR R1)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR AND ENTIRE PROCEEDINGS IN CRIME
NO.53/2017 PENDING ON THE FILE OF ADDITIONAL
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CIVIL JUDGE AND J.M.F.C., HARIHARA FOR THE
ALLEGED OFENCES P/U/S 3 AND 4 OF D.P.ACT, 1961
AND SECTIONS 504, 498A, 323, 149 OF IPC.

THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners.

Perused the First Information Report in Cr.No.53/2017

on the file of the Respondent Police, i.e., Harihara Town

Police Station, Davanagere District, registered for the

offences punishable under Sections 3 and 4 of the

Dowry Prohibition Act and also under Sections 504,

498A, 32 and 149 of IPC.

2. Though there are no details in the FIR about

the specific overt acts of the petitioners, however, there

are allegations against them also that they have been

ill-treating and harassing the petitioner in matrimonial

home. Therefore, it is too pre-mature stage to quash
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the FIR itself when there are some semblance of

materials.

3. At this stage, the learned SPP submits that

the police after thorough investigation have already

filed charge-sheet in No.39/2017 dated 27.05.2017.

4. In view of the above said submission, the

learned counsel seeks permission to withdraw the

petition with a liberty to file fresh petition, if advised.

The submission of the learned counsel for the

petitioner is recorded. Petition is dismissed as

withdrawn with liberty as prayed for.

In view of the dismissal of the petition, I.A.No.1 of

2017 does not survive for consideration and

accordingly, dismissed.

Sd/-

JUDGE
dh

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