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Yashaswini vs The State Of Karnataka on 8 March, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B.

Crl.P. No.9239 OF 2016

BETWEEN:

Yashaswini,
D/o Muniraju,
Aged about 22 years,
R/at No.130, 3rd B-Main Road,
4th Cross, Sumeshwaranagar,
Yelahanka Sattelite Town,
Bengaluru-64.
… Petitioner
(By Sri.Kalyan R., Advocate)

AND:

1. The State of Karnataka,
By Yelahanka New Town Police,
Yelahanka Sub Division,
Bengaluru-64
Rept. By Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.

2. Smt. Nandini Kumar,
W/o Anil Kumar,
Aged about 24 years,
R/at Tayappa Building,
Pragatinagara, Hosur Road,
Electronic City, Bengaluru-560100.
… Respondents
(By Sri.Rachaiah, HCGP for R1;
Sri. R.V. Anand, Advocate for R2)
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This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the charge sheet filed by the
respondent No.1 for the offences P/U/S 498A, 504, 420
R/w 34 of IPC and Sec.3,4 of D.P. Act in
C.C.No.2378/2016, pending on the file of C.M.M.,
Bangalore and consequently to quash the taking
cognizance of the offence P/U/S 498A, 504, 420 R/w 34
of IPC and Sec.3,4 of D.P. Act in C.C.No.2378/2016
C.M.M., Bangalore.

This Criminal petition is coming on for ‘admission’
this day, the Court made the following:

ORDER

This is a petition filed by the petitioner-accused

No.3 under Section 482 of Cr.P.C., praying to quash the

proceedings initiated against the petitioner for the

offences punishable under Sections 498A, 504, 420 R/w

34 of IPC and Sec.3, 4 of D.P.Act in C.C.No.2378/2016,

pending on the file of Chief Metropolitan Magistrate at

Bengaluru and consequently quash the order of taking

cognizance for the said offences.

2. Heard the arguments of learned counsel for

the petitioner and also the learned HCGP so also the

learned counsel for the respondent No.2-Complainant.
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3. Learned counsel for the petitioner drawing

the attention on the complaint’s averments made a

submission that there are no specific allegation in the

present petition to make out a case as against the

petitioner for the alleged offences and he further

submits that she is innocent and she is doing

engineering Course. She never ill-treated the

complainant and a false case was lodged against her.

Hence, learned counsel for the petitioner prays to quash

the proceedings against the petitioner.

4. Learned HCGP, so also the learned counsel

for the respondent No.2 draws the attention of the

Court on the contention of the complainant and made a

submission that so far as, the petitioner is concerned,

there is a mention in the complaint that along with her

mother and brother, she also abused the complainant

insisting her to bring the money which they have spent

for celebrating the marriage and also they insisted to go

out from the house, so that they would perform another

marriage of accused No.1. They also drew the attention
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on the statement of complainant and made a

submission that even in the further statement, there are

allegations against the present petitioner that she was

abusing the complainant and also insisting to bring the

dowry amount. Hence, they submits that there is a

prima-facie case against the present petitioner as per

the complaint and further statement of complainant.

Therefore, the learned counsel for the respondents

submit that it is not a fit case to quash the proceedings

against the petitioner.

5. I have perused the grounds urged in the

petition, FIR, complaint and other materials like charge

sheet etc., Looking to the complaint and further

statement of the complainant, there are allegations

against the petitioner.

6. I have also perused the statement of

Muniyamma W/o Santhosh Kumar and Statement of

another witness Santhosh Kumar. Even looking to the

statement of these witnesses, there is allegation as

against the present petitioner about the ill-treatment
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given to the complainant. Looking to these materials

which were collected during investigation and charge

sheet makes out a prima-facie case against the

petitioner. Therefore, it is not a fit case for quashing the

proceedings. Hence, petition is hereby dismissed.

The observations made in the body of order are

only for the purpose of disposal of the petition.

Sd/-

JUDGE

JS

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