Sri Srinivasalu vs The State Of Karnataka on 27 November, 2017

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 27TH DAY OF NOVEMBER, 2017

BEFORE

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

CRL.P. NO.1740/2017
BETWEEN

1. SRI. SRINIVASALU,
S/O.LATE RAMANJINELU,
AGED ABOUT 36 YEARS,

2. SMT. RAMALINGAMMA,
W/O.LATE RAMANJINELU,
AGED ABOUT 57 YEARS,

BOTH R/AT NO.78/G,
NEW RAILWAY QUARTERS,
YESHWANTHAPURA,
BENGALURU-560022.

3. SMT. SARASWATHI,
W/O RAMAKRISHNAPPA,
AGED ABOUT 37 YEARS,
R/AT, NO.15/5, ANDAVAR NAGAR,
RAMAPURA, CHENNAI,
TAMILNADU – 600 031 … PETITIONERS

(BY SRI. K. N. SHIVAREADDY, ADV.)

AND

1. THE STATE OF KARNATAKA,
BY YESHWANTHAPURA POLICE STATION,
BENGALURU, REP. BY STATE PUBLIC
PROSECUTOR, HIGH COURT BUILDING,
BENGALURU-560001.
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2. SMT. GANASREE,
W/O.SRINIVASALU,
AGED ABOUT 25 YEARS,
R/AT, NO.1598, 4TH CROSS,
GANDHINAGAR, YELAHANKA,
BENGALURU-560064. … RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R-1.)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.20790/2016 REGISTERED BY THE 1ST
RESPONDENT YESHWANTHAPURA POLICE, BENGALURU
FOR THE OFFENCE U/S 498A R/W 34 OF IPC AND
SEC.3, 4 OF D.P ACT, PENDING ON THE FILE OF THE
XXIV ACMM, BENGALURU.

THIS CRL.P COMING ON FOR ADMISSION A/W IA
NO.1/2017 THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioners.

Perused the records.

2. The petitioners have questioned the filing of

charge sheet by the respondent No.1 – Police and taking

of cognizance by the learned Magistrate for the offences

punishable under sections 498A read with Section 34 of

IPC and Sections 3 4 of Dowry Prohibition Act, against

the petitioners herein.

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3. The learned counsel for the petitioners

strenuously submits that there was an incident taken

place on 25.2.2016 at about 7.00 p.m., where the

respondent No.2 and her family members have

assaulted the petitioner No.1 and others and a case has

been registered for the offences punishable under

sections 341, 450, 354, 324, 326, 504, 506 and 307

read with Section 34 of IPC. The police after

investigation submitted a charge sheet in CC

No.10318/2016. In order to over come the said case

and allegations made in the charge sheet after long

lapse of more than three months, the present FIR has

been registered against the petitioners at the instance

of the second respondent for the offence punishable

under section 498A of IPC read with Section 34 of IPC in

Crime No.190/2016 and the police have also filed

charge sheet in connection with CC No.20790/2015.

4. On careful perusal of both the charge sheets, it

reveals that the allegations made by the petitioners as

well as the second respondent and her family members

are distinct and separate. There are allegations which
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attract the provisions of IPC as narrated in both the

complaints. Therefore, at this stage, which complainant

is true and which complainant is false cannot be

ascertained by this court by making a roving

examination of the materials. Therefore, under the

above said circumstances, I am of the opinion that

when the allegations made in the charge sheet papers

constitute an offence and charge sheet has been filed on

the basis of the thorough investigation, the same in my

opinion cannot be quashed. Under the above said

circumstances, no strong reasons are made out to

quash the proceedings. Hence, the petition is liable to

be dismissed and accordingly dismissed.

In view of dismissed of this case, pending

consideration of IA No.1/2017 filed for stay, does not

survive for consideration. Accordingly, the said

application stands dismissed.

Sd/-

JUDGE

PL*

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