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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
CRIMINAL PETITION NO.9117 OF 2017
BETWEEN:
1. Smt.Nagarathna.K.V,
W/o.Late T.V.Somasundar,
Aged about 65 years,
Resident of Lakshmi Nivas,
1st Floor, 5th Cross, 9th Main,
Siddarameshwara Extension,
Tumkuru-572103.
2. T.S.Arun,
S/o.Late T.V.Somasundar,
Aged about 33 years,
Resident of No.129,
4th Cross, 1st Main,
South Avenue Layout,
Gottigere,
Bengaluru-560 083.
3. Smt.T.S.Supriya,
W/o.Mahesh,
D/o.Late.T.V.Somasundar,
Aged about 29 years,
Resident of C.P.Main Road,
Opp.Old Post Office, Vijayapura,
Chikkamangaluru-577 101. …Petitioners
(By Sri.H.Malatesh, Advocate)
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AND:
1. State of Karnataka,
Represented by
Station House Officer,
Women Police Station,
Tumkuru Town,
Tumkuru-572 103.
2. Smt.B.N.Geetha,
W/o.Kiran Kumar, Major,
R/o.Shivashree Hale,
Gurupuru, H.H.Road,
Shivamogga Taluk,
Shivamogga-577 201. … Respondents
(By Sri.S.Rachaiah, HCGP for R-1)
This Criminal Petition is filed under Section
482 of Cr.P.C., praying to quash the entire
proceedings initiated against the petitioners in
C.C.No.123/2016 (Cr.No.28/2016) pending on the
file of the learned II Additional Senior Civil Judge
and JMFC, Tumkuru vide Annexure-A.
This Criminal Petition coming on for
Admission, this day, the Court made the following:-
ORDER
Sri.H.Malatesh, learned counsel for the
petitioners.
Sri.S.Rachaiah, learned High Court
Government Pleader for respondent No.1.
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The petition is admitted for hearing. With the
consent of learned counsel for the parties, the same
is heard finally.
2. In this petition under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter
referred to as the ‘Code’ for short), the petitioners
inter alia have sought for quashment of the
proceedings initiated against them in
C.C.No.123/2016 pending on the file of II Additional
Senior Civil Judge and JMFC, Tumakuru for the
offence punishable under Sections 498A, Section504, Section506,
Section323 read with Section 34 of Indian Penal Code,
1860 and under Sections 3 and Section4 of the Dowry
Prohibition Act, 1961.
3. I have heard the learned counsel for the
petitioners and the learned High Court Government
Pleader.
4. Admittedly, charge sheet has been filed
against the petitioners on 15.07.2016. After filing of
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the charge sheet, period of more than two years
has elapsed. Therefore, in the fact situation of the
case, I am not inclined to exercise the powers
under Section 482 of the Code as this Court in
exercise of inherent powers cannot appreciate the
materials contained in the charge sheet and record
a finding one way or the other.
5. However, it will be open to the
petitioners to argue before the trial Court on the
question with regard to framing of charge.
6. Needless to state that in case the
petitioners are aggrieved, they shall be at liberty to
file Criminal Revision Petition before this Court.
With the aforesaid liberty, the petition is
disposed of.
Sd/-
JUDGE
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