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Sri Tejaswi G G @ Tejaswi … vs State Of Karnataka on 20 July, 2021

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1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5006 OF 2021

BETWEEN

1. Sri Tejaswi G G @
Tejaswi Guppatayya
Gangadharaiah,
Aged about 34 years,
S/o Dr. Gangadharaiah G.,
R/at No.30 “Pushpavana”,
2nd Main, D Group Layout,
Srigandhada Kavalu,
Bengaluru-560091.

Currently Camping at,
No.2653, Brunswick Pike,
Lawrence Township,
New Jersey-08648,
United States of America

2. Sri Gangadharaiah @
Dr. Gangadharaiah G.,
Aged about 67 years,
S/o. Late Dodda Guppataiah,
R/at No.30 “Pushpavana”,
2nd Main, D Group Layout,
Srigandhada Kavalu,
Bengaluru-560091.
2

3. Sri Pushpavathi B.,
Aged about 61 years,
W/o. Dr. Gangadharaiah G.,
R/at No.30 “Pushpavana”,
2nd Main, D Group Layout,
Srigandhada Kavalu,
Bengaluru-560091.

4. Sri Sharathkumar @
Sharath Kumar G.G.,
Aged about 38 years,
S/o. Dr. Gangadharaiah G.,
R/at No.30 “Pushpavana”,
2nd Main, D Group Layout,
Srigandhada Kavalu,
Bengaluru-560091.

5. Sri. Naveenkumar @
Naveen Kumar G.G.,
Aged about 36 years,
S/o. Dr. Gangadharaiah G.,
R/at No.30 “Pushpavana”,
2nd Main, D Group Layout,
Srigandhada Kavalu,
Bengaluru-560091.
…Petitioners
(By Sri C.V.Srinivasa, Advocate)

AND

1. State of Karnataka
By the Station House Officer,
Annapoorneshwari Nagara
Police Station,
Bengaluru City.
3

2. Smt. Shwetha N.C.,
Aged about 33 years,
D/o. Late Chandrashekhar N.P.,
R/at No.607, C Block,
Kumaradhara Block,
National Games Village,
Koramangala,
Bengaluru-560047.
…Respondents
(By Sri B.J.Rohith, HCGP for R1,
Sri M.T.Nanaiah, Sr. Advocate for
Smt Rachita Nanaiah, Advocate for R2)

This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the proceeding in
C.C.No.28834/2019 pending on the file of the Hon’ble V
A.C.M.M. Court at Bengaluru arising out of
Cr.No.212/2019 which is registered by
Annapoorneshwari Nagar Police Station, based on the
complaint of 2nd respondent for the offence which are
made penal under
Section 498A read with 34 of IPC and
Sections 3 and 4 of D.P. Act.

This Criminal Petition coming on for admission this
day through video conferencing, the Court made the
following:

ORDER

This is a petition under Section 482 of Cr.P.C., for

quashing the proceedings in C.C.No.28834/2019 arising

out of Crime No.212/2019 registered by the

Annapoorneshwari Nagara police station for the offence
4

punishable under Section 498A of IPC and Sections 3

and 4 of the Dowry Prohibition Act read with Section 34

of IPC.

2. The first petitioner who is accused No.1 is the

husband of second respondent. Petitioners 2 and 3 are

the parents and petitioners 4 and 5 are the brothers of

the first petitioner.

3. An application is made by the parties stating

that the dispute between the first petitioner and the

second respondent has been settled. Now the Family

Court has passed an order dissolving the marriage

between the first petitioner and the second respondent.

In view of dissolution of the marriage, the second

respondent has withdrawn all the allegations made

against the petitioners and she has received an amount

of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand

only) from the first petitioner.

5

4. Taking note of the above facts and

circumstances, since the petitioners are facing

prosecution in connection with an FIR registered by the

second respondent in relation to matrimonial dispute,

jurisdiction under Section 482 of Cr.P.C., is exercised to

pass the following:

ORDER

Petition is allowed.

Proceedings in C.C.No.28834/2019
pending on the file of the V Additional Chief
Metropolitan Magistrate, Bengaluru are
quashed.

Sd/-

JUDGE

Kmv/-

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