Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
:1:
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.101 OF 2020
BETWEEN
1. Smt. Nanjamani
W/o. Late K. Mahadevanna
Aged about 60 years
R/at 372, 16th Main
B Block, Vijayanagar 3rd Stage
Mysore – 570017.
2. M.N. Divyamani
W/o. N Nanjunda
Aged about 36 tears
R/at No.99, KHB Colony
Near Park, Chamarajanagar Town
Chamarajanagar – 571313.
3. N. Nanjunda
S/o. Late Nanja
Aged about 39 yers
R/at No.99, KHB Colony
Near Park, Chamarajanagar Town
Chamarajanagar – 571313.
4. Mohan Kumari
D/o. Late Mahadevanna
Aged about 33 years
R/at 372, 16th Main
B Block, Vijayanagar 3rd Stage
Mysore – 570017.
:2:
5. Yashodha M N
D/o. Late K. Mahadevanna
Aged about 29 years
R/at 372, 16th Main
B Block, Vijayanagar 3rd Stage
Mysore – 570017.
6. Nanjaiah
S/o. Late Sannaiah
Aged abou t76 years
No.966, 11th Cross
2nd Stage, Hebbal
Mysore – 570017.
7. Mallikarjunappa
S/o. Late Maraiah
Aged about 65 years
R/at No.4/176, 1st Cross
Janatha Badavane
J.P. Nagar
Mysore – 570008.
… Petitioners
(By Sri. Sampath Kumar – Advocate for
Sri. Pratheep K .C – Advocate)
AND
1. State of Karnataka
By Women Police Station
Devaraja-sub-division
Mysore District
Rep. by SPP
High Court Building
Bangalore – 01.
2. Sandyarani M
W/o. Harish Kumar M N
No.14, 16th Ward
In front of KEB I-Stage
:3:
Jaibheema Nagar, Bannur Town
T. Narasipura Taluk
Mysore District – 45.
… Respondents
(By Sri. Rahul Rai – HCGP for R-1;
Smt. H.V. Vasantha Lakshmi – Advocate for R-2 )
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, praying to quash the FIR
in Cr.No.158/2019 of Women Police Station, Devaraja-
sub-division, Mysore District, for the offence punishable
under Sections 498(A), 504, 506, 34 of IPC and Sec. 3 4
of Dowry Prohibition Act in so far as petitioners are
concerned and pending on the file of the IV-Addl. Sr. Civil
Judge and JMFC at Mysore.
This Criminal Petition coming on for Admission, this
day, the court made the following:
ORDER
Sri Sampath Kumar, learned counsel for the
petitioners is present before the Court physically and
representing Sri Pratheep.K.C., learned counsel who is on
record.
2. Learned HCGP for respondent No.1 – State is also
present before the Court physically. But there is no
representation for respondent No.2 either through video
conferencing or present before the Court physically.
:4:
3. Learned counsel for the petitioners in this matter
submitting that the dispute has been emerged in between
complainant- Smt.Sandhyarani.M. w/o Harishkumar.M.N.
and based upon her complaint, the respondent – Women
Police Station, Devaraja Sub-Division, Mysuru City had
registered the case in Crime No.158/2019 by recording
the FIR on 13.12.2019 for the offence punishable under
Sections 498A, 506, 504 r/w 34 of IPC beside Sections 3
and 4 of the Dowry Prohibition Act, 1961.
4. The issues that emerged in between the
complainant and her husband has been ended in
settlement in terms of compromise as according to the
submission made by the learned counsel for the
petitioners. This submission is placed on record.
5. Under this petition, the petitioners are seeking for
quashing of Crime No.158/2019 registered by the
respondent – police by recording the FIR which is of the
year 2019. Subsequent to registration of the crime, the
domain is vested with the investigating agency for
investigating the case as under Section 173(2) of Cr.P.C.
by following the requisite condition as under Section
:5:
167(2)(a)(i) and (ii) relating to laying of charge sheet either
within 60 days or 90 days, which is based upon the
offences which reflected in the FIR said to have been
recorded by the investigating agency. But in the instant
case, the FIR is recorded in the year 2019 and even if the
test under Section 173(2) of Cr.P.C. and Section
167(2)(a)(i) and (ii) of Cr.P.C. is concerned, this petition
does not have any substance to proceed in further for
seeking quashment of FIR in Crime No.158/2019. In this
petition the stay has been granted by this Court only in
respect of petitioners – Accused Nos.7 and 8 only, with a
rider that if the process fee is not paid within seven days,
the interim stay granted automatically stands vacated.
However, keeping in view the submission made by learned
counsel for the petitioners that the issues emerged in
between complainant – Smt.Sandhyarani and
Harishkumar.M.N. has ended in terms of the compromise,
it is deemed appropriate to state that this petition stands
disposed of as having become infructuous. Accordingly,
this petition is disposed of.
:6:
Counsel for the petitioners is directed to file a memo
to that effect for having ended the issues emerged in
between the complainant-Smt.Sandhyarani and
Harishkumar.M.N. in compromise/settlement, for the
purpose of reference.
Sd/-
JUDGE
DKB