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Shri N Santosh vs The State on 5 February, 2014

Karnataka High Court Shri N Santosh vs The State on 5 February, 2014Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 5th DAY OF FEBRUARY, 2014

BEFORE

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

CRIMINAL PETITION NO. 4491 of 2013

Between:

1. Shri N. Santosh,

S/o C. Nagappa,

Aged about 29 years

2. C. Nagappa,

S/o late Chikkanna,

Aged about 59 years

3. Smt. Ashwathamma,

W/o Nagappa,

Aged about 52 years

All the petitioners NO.1 to 3 are Residing at No.52/17, Datta Nilaya, I Floor, 21st Main Road, Marenahalli, Vijayanagar, Bangalore 560 040.

… Petitioners

(By Sri. Pradeep Kumar Bharadwaj, Adv. )

A n d:

1. The State by Vijayanagar Police Station, Bangalore 560 040

2

2. Smt. Yashaswini @ Kavya W/o N.Santhosh, D/o Rajashekar, Aged about 21 years,

R/a. No.50, 5th Cross,

Ramakrishna Layout,

Malagala, Nagarabhavi II Stage, Bangalore 560 072.

… Respondents

(By Sri. B. J. Eshwarappa, GP for R 1 Smt. G. Jayashree Ravindra, Adv. for R 2 )

This Criminal Petition is filed under Section 482 CR.P.C praying to quash the FIR and charge sheet registered by the 1st respondent against the petitioners in C.C. No. 23048/2012 for the commission of the alleged offence punishable under Sections 3 & 4 of D.P. Act and Section 498A of IPC and submitted before the I ACMM, Bangalore vide Annexure B and C and all the further proceedings which is pending before the I ACMM, Bangalore.

This Petition coming on for admission, this day, the Court made the following:

ORDER

First Petitioner is the husband of respondent No.2.

Respondent No.2 lodged a complaint against the

petitioner and the same came to be registered in Crime

No. 125/2012 for the offence punishable under Section 3

498A of IPC and Sections 3 and 4 of Dowry Prohibition

Act. Investigation is completed and charge sheet is filed.

At this stage petitioners are before this Court seeking

quashing of the proceedings.

2. Learned Counsel for the petitioners contended that

after issue of notice by the petitioners to the respondent

No.2 as a counter blast she has filed a complaint. I do

not propose to assess and evaluate the evidence by

exercising power under Section 482 Cr. P.C. All

contentions urged before me are kept open. The trial

Court to proceed with the matter in accordance with law

and dispose of the entire case within four months from

the date of receipt of a copy of this order.

3. Accordingly the petition is hereby dismissed. In the

event of petitioner Nos. 2 and 3 file exemption application

the same is to be considered by the trial Court liberally.

Sd/-

JUDGE

Vb/-

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