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B M Sharath Kumar vs State Of Karnataka on 15 October, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF OCTOBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

CRIMINAL PETITION NO.9479/2018

BETWEEN

1. B M SHARATH KUMAR
S/O MAHADEVASWAMY
AGED ABOUT 29 YEARS
RESIDING AT NO.465,
‘ESHWAR NILAYA’, 9TH MAIN
ITI LAYOUT, MALLATHAHALLI
BANGALORE – 560072

2. B M MADHU
S/O MAHADEVASWAMY
AGED ABOUT 35 YEARS,
RESIDING AT “CHANDRAKANTHA NILAYA”
40FT. ROAD, MANJUNATHANAGAR,
KYATHASANDRA
TUMKUR – 572104
… PETITIONERS

(BY SRI MADHUKAR DESHPANDE, ADVOCATE)

AND

1. STATE OF KARNATAKA
REPRESENTED BY
MAHILA POLICE STATION,
MYSURU – 570001.
2

2. SMT K B VINUTHA
W/O B M KEERTHI
AGED ABOUT 26 YEARS,
RESIDING AT NO.53,
BHAVANINAGAR (KUPPALURU)
J P NAGAR, NEAR RING ROAD
MYSURU – 570008.

3. B M KEERTHI
S/O MAHADEVASWAMY
AGED ABOUT 32 YEARS,
PRESENTLY AT MAHINDRA
AND MAHINDRA LTD.,
MAHINDRA WORLD CITY,
PLOT NO.41/1, ANJUR P.O.
CHENGALPATTU, KANCHIPURAM DISTRICT
TAMILNADU -603002

4. MAHADEVASWAMY
S/O LATE CHIKKAPUTTAPPA,
AGED 63 YEARS,
PRESENTLY RESIDING AT
BILUGULI VILLAGE,
BILIGERE HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT – 571129

5. AMBUJAMMA
W/O MAHADEVASWAMY
AGED 55 YEARS,
PRESENTLY RESIDING AT
BILUGULI VILLAGE,
BILIGERE HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT – 571129
… RESPONDENTS
(BY SRI R D RENUKARADHYA, HCGP FOR R1
3

SRI PUTTARAJU, ADVOCATE FOR R2
R4 SERVED BUT UNREPRESENTED)

THIS PETITION IS FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED
25.02.2017 FILED BY MAHILA POLICE STATION, MYSURU
i.e. RESPONDENT NO.1 IN C.C. NO.1122/2017 AS AGAINST
PETITIONERS (ANNEXURE-C) IS PENDING BEFORE THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU
FOR THE OFFENCE P/U/S 498A, 34 OF SectionIPC R/W SEC.3,4
OF D.P. ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

In this petition, the petitioners who are the

brothers-in-law of respondent No.2-Smt.K.B.Vinutha,

are seeking for quashing of charge sheet dated

25.02.2017 arising out of C.C.No.1122/2017 on the file

of IV Addl. Civil Judge (Sr.Dn.) JMFC, Mysore, for the

offences punishable under Sections 498A and Section34 of IPC

and under Sections 3 and Section4 of the Dowry Prohibition

Act.

4

2. In view of disposal of Crl.P.No.7386/2019,

second respondent Smt.K.B.Vinutha and her husband

Sri B.M.Keerthi have filed a joint memo of settlement. In

the present case also, a similar joint memo dated

15.10.2019 has been filed by Smt.K.B.Vinutha-second

respondent and her brothers-in-law, who are present

before this Court, stating that second respondent’s

husband has agreed to pay Rs.6,50,000/- (Rupees six

lakhs fifty thousand only) by issuance of four Demand

Drafts dated 16.08.2019 drawn on HDFC Bank for

sums of Rs.2,00,000/-, Rs.1,50,000/-, Rs.1,50,000/-

and Rs.1,50,000/- respectively and respondent No.2

has acknowledged the receipt of the said Demand

Drafts.

3. In view of these developments chargesheet

dated 25.02.2017 in C.C.No.1122/2017 is set aside.
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4. Accordingly, the petition stands allowed in

terms of the joint memo.

Sd/-

JUDGE

JT/-

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