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Smt Nanjamani vs State Of Karnataka on 20 July, 2021

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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.
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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
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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.
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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.

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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

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