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THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE 2017
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.1162/2017
BETWEEN:
1. SRI CHANNA VEEREGOWDA
S/O DODDA VEEREGOWDA
AGED ABOUT 62 YEARS,
BSNL PHONE MECHANIC
R/AT SHANTHINAGAR
INFRONT OF IB K BETTAHALLI ROAD
PANDAVAPURA TOWN
2. SMT SARASWATHI
W/O CHANNA VEEREGOWDA
AGED ABOUT 53 YEARS,
HOUSE WIFE
R/AT SHANTINAGAR
INFRONT OF IB K BETTAHALLI ROAD,
PANDAVAPURA TOWN
3. SMT C N UMA
W/O B MURALIDHARA
AGED ABOUTG 37 YEARS,
HOUSE WIFE
R/AT NO.65/A, 6TH MAIN ROAD
KUVEMPU ROAD,
PRAMODA LAYOUT
BANGALORE-560003
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PARENTAL HOUSE
SHATINAGAR
INFRONT OF IB, BETTAHALLI ROAD,
PANDAVAPURA TOWN
4. SMT N C SUMA
W/O K.C. KRISHNA
AGED ABOUT 33 YEARS
HOUSE WIFE
R/AT NO.31, 3RD CROSS,
ULLAL MAIN ROAD
BANGALORE-560056
PARENTAL HOUSE
SHATINAGAR INFRONT OF IB, BETTAHALLI
ROAD, PANDAVAPURA TOWN
… PETITIONERS
(BY SRI. SHANTARADDI S MULIMANI, ADV.)
AND
1. STATE OF KARNATAKA
BY PANDAVAPURA POLICE STATION,
MANDYA REP BY
PUBLIC PROSECUTOR HIGH COURT
BANGALORE-560 001
2. SMT. C.S. PARIMALA
D/O SWAMYGOWDA
R/AT KYATANAHALLI VILLAGE
PANDAVAPURA TALUK
MANDYA DISTRICT
… RESPONDENTS
(BY SRI. SANDESH J CHOUTA, SPP -II)
CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH
THE FIR AND ENTIRE FURTHER PROCEEDINGS IN CR.
NO.437/2011 IN C.C.NO.655/2012 FOR THE ALLEGED
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OFFENCE P/U/S 498A,506,406 R/W 34 OF IPC AND
SEC.3,4 AND 6 OF D.P.ACT ON THE FILE OF JR. C.J.
AND J.M.F.C., PANDAVAPURA.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioners.
Perused the records.
2. This petition is filed for quashing of the
criminal case in C.C.No.655/2012 pending on the file of
Civil Judge and JMFC, Pandavapura arising out of Crime
No.437/2011 for the offences punishable under Sections
498A, 506, 406, read with 34 of IPC and also Sections 3,
4 and 6 of Dowry Prohibition Act.
3. Brief factual matrix of the case is that
respondent No.2 herein and accused No.1 are the
husband and wife. Their marriage took place on
9.12.2004. There are some allegations with regard to
demand of dowry and receipt of dowry at the time of
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marriage and further demand of dowry after marriage.
There are also certain allegations with regard to ill
treatment and harassment for the purpose of extracting
more dowry from respondent No.2 and her family
members. On such allegations, the police have
thoroughly investigated the matter and filed charge
sheet. Petitioners who are arraigned as accused Nos.2 to
5 have also appeared before the trial court and contested
the matter. Infact, they allowed the trial court to frame
charges and to post the matter for trial. The trial court
after hearing the parties has framed charges for the said
offences and set down the case for evidence. The order
sheet also discloses that the trial court also issued
summons to secure the witness for examination. At this
juncture, the present application is filed.
4. When the charges are already framed by the
court and the said order is not challenged by the
petitioners herein and when the mater is set down for
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recording evidence and charge sheet papers disclose the
allegations constituting the offence, the trial court has to
conclude the trial after recording the evidence and at this
stage, such proceedings cannot be quashed.
5. Under the above circumstances, I proceed to
pass the following order:
Order
The petition is dismissed. However, as the matter is
pertaining to 2012, the trial court is directed to take up
the matter and dispose of the same as expeditiously as
possible.
Sd/-
JUDGE
DM