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Shashidhar M vs The State Of Karnataka on 11 December, 2013

Karnataka High Court Shashidhar M vs The State Of Karnataka on 11 December, 2013Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 11TH DAY OF DECEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

CRIMINAL PETITION NO.4392/2012 BETWEEN:

1. SHASHIDHAR.M,

S/O MUNILKRISHANAIAH,

AGED ABOUT 31 YEARS,

NO.54, 1ST MAIN ROAD,

MARUTHI EXTENSION,

BANGALORE -560021.

2. SRI. NARAYANASWAMY,

S/O LATE BATHEPPA,

AGED ABOUT 65 YEARS.

3. SMT. GAYATHRI,

D/O NARAYANASWAMY,

AGED ABOUT 35 YEARS.

4. SRI. SRINIVAS,

S/O NARAYANASWAMY,

AGED ABOUT 42 YEARS.

5. BABU,

D/O NARAYANASWAMY,

AGED ABOUT 30 YEARS.

ALL ARE R/AT NO.716/1,

SUBRAMANESHWARA KRUPA,

25TH MAIN ROAD,

J.P.NAGAR, 6TH PHASE,

BANGALORE-560078.

2

6. MURALI,

S/O MUNIKRISHNAIAH,

AGED ABOUT 33 YEARS,

R/AT MUDUVADI,

HOLUR HOBLI,

KOLAR TALUK-563101

KOLAR DISTRICT.

… PETITIONERS

(BY SRI A.LOURDU MARIYAPPA, ADV.)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR, STATE BY SHO,

J.P.NAGAR POLICE STATION,

BANGALORE-78.

2. POORNIMA.C,

W/O SHASHIDHAR,

D/O CHIKKANNEGOWDA,

AGED ABOUT 24 YEARS,

R/AT NO.C-3, ALOOGUR

GROOVE APARTMENT,

16TH CROSS, 23RD MAIN,

5TH PHASE, J.P.NAGAR,

BANGALORE-78.

… RESPONDENTS

(BY SRI K.NAGESHWARAPPA, GP FOR R1, SRI N.SRINIVAS, ADV. FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR No.582/2012 REGISTERED BY THE JP NAGAR POLICE, PENDING ON THE FILE OF V ACMM., BANGALORE, FOR THE OFFENCE P/U/S.498-A IPC AND SEC.3 & 4 OF DOWRY PROHIBITION ACT.(ANNEXURE-C). 3

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

ORDER

In this petition, the petitioners have prayed for quashing

the proceedings in PCR N.11792/2012 and FIR in

No.582/2012 pending on the file of V ACMM Court,

Bangalore.

2. The respondent No.2 is the wife of petitioner No.1.

The petitioner Nos.2 to 6 are close relatives of petitioner No.1.

On account of some differences, petitioner No.1 and

respondent No.2 are residing separately. The petitioner No.1

initiated the proceedings in O.S.No.142/2012 against

respondent No.2 on the file of Family Court at Bangalore to

declare the marriage as null and void. Further, petitioner

No.1 also initiated criminal proceedings against respondent

No.2 and others in C.C.No.16510/2012 for the offences

punishable under Sections 120B, 420, 495 r/w Section 34 of

IPC. The respondent No.2 also initiated criminal proceedings

against the petitioners by filing a private complaint in PCR 4

No.11792/2012 on the file of V ACMM Court Bangalore. The

Jurisdictional Magistrate referred the matter to respondent

No.1-police under Section 156 (3) of Cr.P.C for investigation.

The respondent No.1-police inturn registered a case in

Cr.No.582/2012 against the petitioners for the offences

punishable under Sections 498A of IPC and Sections 3 and 4

of DP Act. The matter is under investigation. At this stage, the

petitioners are before this Court seeking quashing of the

proceedings in PCR No.11792/2012 and also in

Cr.No.582/2012.

3. The case filed by the petitioner No.1 against

respondent No.2 and others is pending in

C.C.No.16510/2012 and the same is pending on the file of VII

ACMM Court, Bangalore. The proceedings initiated by the

respondent No.2 are now pending before the V ACMM Court

in PCR No.11792/2012. After filing a final report in

Cr.No.582/2012, both the matters required to be tried

simultaneously by the same Court. At this stage, without

expressing any opinion on several grounds urged by the 5

petitioners, liberty is reserved to them to move for transfer of

both the cases i.e., the proceedings in C.C.No.16510/2012

and the proceedings in PCR No.11792/2012 to one Court for

simultaneous disposal.

With the above observation, the petition is hereby

disposed of.

Sd/-

JUDGE

VM

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