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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2018
BEFORE
THE HON’BLE MR.JUSTICE K. N. PHANEENDRA
CRL.P. NO. 763/2018
BETWEEN
1. SRI. A UMASHANKAR
SON OF LATE ALAVEERA
AGED ABOUT 45 YEARS
R/AT ESCORT CENTRE
DG IG POLICE OFFICE
NO.2 NRUPATHUNGA ROAD
SAMPANGIRAMA NAGARA
BANGALORE-560 027
2. SRI SHARAVANA
SON OF LATE ALAVEERA
AGED ABOUT 41 YEARS
R/AT NO.966
SHARAVATHI NADHI ROAD
PIPELINE SRINAGARA
BANGALORE-560 050
3. SRI A LOKESHA
SON OF LATE ALAVEERA
AGED ABOUT 39 YEARS
R/AT 7TH HOSAKOTE POST
SHUNTIKOPPA
SOMANATHA PETE TALUK
NORTH COORG DISTRICT-571 237
4. SMT VASANTAHAMANI
W/O LATE ALAVEERA
AGED ABOUT 65 YEARS
R/AT 7TH HOSAKOTE POST
SHUNTIKOPPA
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SOMANATHA PETE TALUK
NORTH COORG DISTRICT-571 237
5. SMT INDUMATHI
D/O LATE ALAVEERA
W/O RAMAKRISHAN
AGED ABOUT 33 YEARS
R/AT 7TH HOSAKOTE POST
SHUNTIKOPPA
SOMANATHA PETE TALUK
NORTH COORG DISTRICT-571 237
PRESENTLY RESIDING AT
18/G 3/4, WOODCOTE ESTATE LINE
MOUNTPLESANT ROAD
COONOR THE NILIGIRIS
TAMILNADU-643 102 … PETITIONERS
(BY SRI. PRAKASHA K. V., ADVOCATE)
AND
1. STATE OF KARNATAKA
BY CHITRADURGA TOWN
POLICE STATION
CHITRADURGA DISTRICT
REPRESENTED BY S P P
HGH COURT COMPLEX,
BANGALORE-560 001
2. SMT Y VIJAYALAKSHMI
D/O P YOGANANDA
AGED ABOUT 35 YEARS
R/AT NO.JOGIMATTI ROAD
1ST CROSS, BEHIND
VIDYAVAHINI EDUCATION
INSTITUTION, CHITRADURGA-577501
… RESPONDENTS
(BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CRIME NO.363/2014 FOR
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THE OFFENCES P/U/S 498(A), 506, 114 R/W 34 OF IPC
AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT,
BY CHITRADURGA TOWN POLICE, CHITRADURGA
PENDING ON THE FILE OF HON’BLE II ADDITIONAL CIVIL
JUDGE AND JMFC COURT AT CHITRADURGA IN
C.C.NO.459/2015.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and
perused the records.
2. The petitioners have sought for quashing of the
entire proceedings in CC No.459/2015 for the offence
punishable under sections 498A, 506 and 149 of IPC and
also u/s.3 4 of Dowry Prohibition Act.
3. The order sheet of the trial Court discloses that,
on 7.9.2015, the petitioners have already filed an
application u/s.245 read with Section 239 of Cr.P.C.
seeking for discharge in the said case. However, the said
application has not yet disposed of, though that application
was filed in the year 2015. In the above said
circumstances, the petitioners are at liberty to press that
application before the trial Court.
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4. The trial Court is hereby directed to hear the said
application after providing opportunity to the other side
and dispose of the same as expeditiously as possible within
one month from the date of receipt of a copy of this order.
5. With the said observation, this Petition stands
disposed of.
In view of disposal of the Petition on merits,
I.A.No.1/2018 filed for stay does not survive for
consideration and the same stands dismissed.
Sd/-
JUDGE
PL*