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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 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.
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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.
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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
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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.
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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/-