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Judgments of Supreme Court of India and High Courts

Girijamma vs Smt. Kusuma on 22 November, 2017

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 22ND DAY OF NOVEMBER, 2017

BEFORE

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

CRL.P. NO.5126/2017
BETWEEN

1. GIRIJAMMA
W/O S.P.MAHADEVAIAH, 62 YEARS
OCC: HOUSE WIFE, R/AT NO.127
NEAR POST OFFICE, PATTANAGERE
RAJARAJESWARI NAGARA
BENGALURU – 560 098

2. S.P.MAHADEVAIAH
S/O LATE SHIVANNA, 66 YEARS
OCC: RETIRED EMPLOYEE
R/AT NO.127, NEAR POST OFFICE
PATTANAGERE
RAJARAJESWARI NAGARA
BENGALURU – 560 098.

3. SMT. SHILPA, W/O SOMASHEKAR
32 YEARS, OCC: HOUSE WIFE
R/AT NO.81, II CROSS, ‘A’ BLOCK
KRISHNAGARDEN, BAGEGOWDA ROAD
RAJARAJESWARI NAGARA
BENGALURU – 560 098. …PETITIONERS

(BY SRI CHANDRASHEKARA K.A., ADV.)

AND

1. SMT.KUSUMA, W/O HARISHKUMAR
AGED ABOUT 24 YEARS
GUDEPALYA VILLAGE
KASABA HOBLI, MAGADI TALUK
RAMANAGARA DISTRICT – 562 160
2

2. THE STATE OF KARNATAKA
BY THE POLICE OF RAJARAJESWARI NAGARA
POLICE STATION, BENGALURU – 560 098

REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001. …RESPONDENTS

(BY SRI SANDESH J.CHOUTA, SPP-II FOR R2)

THIS CRL.P IS FILED U/S 482 OF CR.P.C.,
PRAYING TO QUASH THE REGISTRATION OF FIR IN
CRIME NO.151/2007 OF RAJARAJESHWARINAGARA
POLICE STATION, BENGALURU CITY REGISTERED FOR
THE OFFENCES P/U/S 498A AND 506 R/W 34 OF IPC
AND SEC.3 AND 4 OF D.P.ACT ON THE FILE OF THE III
A.C.M.M., BENGALURU.

THIS CRL.P COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

the learned SPP-II for respondent No.2. Perused the

records.

2. On careful perusal of the FIR, it reveals that

there are some allegations made against the petitioners.

However, the allegations made in the complaint against

accused Nos.1 to 4, requires to be investigated. Truth
3

or falsity of the allegations made in the FIR cannot be

tested at this stage itself.

3. In that view of the matter, the petitioners are

at liberty to move the court if any adverse report is

submitted by the police to the Court against them and if

any cognizance is taken against them. At this stage, no

sufficient grounds are made out to quash the FIR.

With such liberty, the petition stands disposed of.

Sd/-

JUDGE

PL*

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