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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*