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Judgments of Supreme Court of India and High Courts

Annegowda vs The State Of Karnataka on 4 June, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 4TH DAY OF JUNE, 2018

BEFORE

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

CRL.P. NO. 376/2018
BETWEEN

1. ANNEGOWDA
S/O DASEGOWDA
AGED 59 YEARS,

2. SMT INDIRA
W/O ANNEGOWDA
AGED 54 YEARS

3. AKSHATH
S/O ANNEGOWDA
AGED 31 YEARS

ALL ARE RESIDENTS OF
GUMMANA KOLLI
BASAVESHWAR BADAVANE
KUSHAL NAGAR, HASSAN
HASSAN DISTIRCT-573 201

4. THARA
W/O SHIVAKUMAR
AGED 51 YEARS
R/AT KATTIHALLI KOPPLU
SUBHASH NAGAR, HASSAN
HASSAN DISTIRCT-573 201 … PETITIONERS

(BY SRI. MAHESH C. M., ADVOCATE)

AND

1. THE STATE OF KARNATAKA
BY HASSAN WOMEN POLICE STATION
HASSAN, REP. BY THE STATE
PUBLIC PROSECUTOR
2

HIGH COURT BUILDING
BANGALORE-560 001

2. SMT MEGHANA B N
W/O GOWTHAMMA
AGED 22 YEARS, B T KOPPALU
KASABA HOBLI, HASSAN
HASSAN DISTRICT-573 201 … RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R-1.
SRI. G. S. MURLIDHARA, ADV. FOR R-2)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO
QUSHING THE FIR BEARING CR.NO.115/2017
REGISTERED WITH HASSAN WOMEN P.S., HASSAN U/Ss.
498A, 448, 114, 506, 34 OF IPC R/W 3, 4 OF D.P ACT
FILED IN THE COURT OF IV CIVIL JUDGE AND JMFC,
HASSAN, HASSAN DISTRICT.

THIS CRL.P COMING ON FOR ADMISSION ALONG
WITH IA NO.1/2018 FOR STAY THIS DAY, THE COURT
MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners.

Perused the records.

2. The petition is filed seeking quashing of the

FIR in Crime No.115/2016 registered against the

petitioners by Hassan Women Police, Hassan City, for the

offences punishable under Sections 498-A, 448, 114, 506

r/w. 34 of IPC and also under Sections 3 4 of the Dowry

Prohibition Act and now it is pending before the 4th Civil

Judge and JMFC, Hassan.

3

3. Though there is some delay in filing the FIR in

this case, on the ground of delay itself, the FIR cannot be

quashed when the allegations made in the FIR would

constitute offences alleged. Therefore, the truth or the

falsity of the allegations made in the FIR has to be

thrashed out and the delay in lodging the complaint has to

be tested, during the course of investigation. Therefore, I

do not find any strong reason to quash the FIR. Hence,

the petition is devoid of merit and the same is liable to be

dismissed. Accordingly, the petition is dismissed.

However, it is made clear that if any adverse report is

filed against the petitioners without any basis, they are

at liberty to approach this court once again.

4. In view of disposal of this case, the

application-IA No.1/2018 filed for stay, does not survive

for consideration. Accordingly, the said application stands

disposed of.

Sd/-

JUDGE

KGR*

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