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Sri Harendra Babu vs State Of Karnataka on 2 July, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 2ND DAY OF JULY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.4466/2018

BETWEEN

1. SRI HARENDRA BABU
S/O K. VARADA REDDY
AGED 48 YEARS
R/AT NO.320 A
CLARKS EXORTICA
SWISS TOWN
SADAHALLI VILLAGE
BENGALURU-562 110

2. SMT PUSHPARANI
W/O K VARADA REDDY
AGED 68 YEARS
R/AT NO.644/32
6TH MAIN, 5TH CROSS
VIJAYANAGAR
BENGALURU-560 040

3. SRI V SHANMUGA REDDY
S/O R VARADA REDDY
R/AT NO 446, 2ND CROSS
3RD STAGE, 3RD BLOCK
BASAWESHWARANAGAR
BENGALURU-560 079 … PETITIONERS

(BY SRI. B. RAMESH, ADV.)

AND

1. STATE OF KARNATAKA
REP.BY INTERNATIONAL AIRPORT
2

POLICE STATION, DEVANAHALLI
BENGALURU-562 110, REP. BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560 001

2. SMT SREEDEVI REDDY
W/O HARENDRA BABU
AGED 47 YEARS
EARLIER R/AT NO.320A
CLARKS EXOTICA
SWISS TOWN, SADANAHALLI
BENGALURU – 560 071

NOW R/AT VILLA NO.18
PRANEETH WESTWOODS
KANCHI GACHIBOWLI ROAD
JOURNALIST COLONY
PHASE-3, GACHIBOWLI
HYDERABAD-500 019
ANDHRA PRADESH … RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R1)

THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS
INITIATED AGAINST THE PETITIONERS IN CR.NO.61/18
BY THE 1st RESPONDENT BASED ON THE COMPLAINT
LODGED BY THE 2nd RESPONDENT FOR THE OFFENCE
P/U/S 498A OF IPC AND SEC.3, 4 OF D.P ACT.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
3

ORDER

Heard the learned counsel for the petitioner and

perused the records.

2. The petitioner has sought for quashing of the FIR

in Crime No.61/2018 registered by the respondent –

Police.

3. As could be seen from the FIR, it reveals that

there is a detail allegation against the petitioners as to

what exactly has happened on 11.6.2018. It is

specifically alleged that the petitioners with reference to

dowry, threatened the second respondent with dire

consequences of killing her and caught hold of her hands

and squeezed her neck also pulled her hair and caused

physical and mental ill-treatment to her. Though the

learned counsel tried to convince this court with regard to

the conduct of respondent No.2 that she has played fraud

on various persons and further he has produced several

photographs showing that she actually on that day ill-

treated and harassed the first petitioner.
4

4. Therefore, in this regard, in my opinion, all these

factual aspects have to be thrashed out as to what exactly

happened on that day by means of thorough investigation

by the Investigating Agency. At this stage, when the

allegations made in the complaint constitute some of the

offences, it is not feasible to quash the FIR itself.

5. Under the above said circumstances, in my

opinion, the petition is too premature and it is not

maintainable at this stage. The truth or falsity of the

allegations have to be found out by the Investigating

Officer during the course of investigation.

6. Hence, the Petition is dismissed. However, the

petitioners are at liberty to produce all the documents

which are produced before this court for the assistance of

the Investigating Officer to file appropriate report to the

court. In spite of that, if any adverse report is submitted

by the Police without any basis, the petitioners are at

liberty to challenge the same in accordance with law.
5

In view of the dismissal of the petition on merits,

I.A.No.1/2018 filed for stay does not survive for

consideration and the same stands dismissed.

Sd/-

JUDGE

PL*

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