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Srikantha V vs Smitha M B on 29 November, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29th DAY OF NOVEMBER 2018

BEFORE

THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No. 5240 OF 2018

BETWEEN:

Srikantha V.
S/o.Venkatesh S.
Aged about 31 years,
R/o.457, 1st Floor, 1st Cross,
Nagendra Block,
Banashankari 3rd Stage,
Bengaluru – 560 050. … Petitioner

(By Sri Girish B.Baladare, Advocate)

AND:

1. Smitha M.B.
D/o.Balakrishna Chatti,
W/o.Sridhara,
Aged about 32 years,
R/o.No.4, 1st Main,
Ambabavani Nagar,
M.S.Palya,
Vidyaranyapura Post,
Bengaluru – 560 097.

2. The State of Karnataka,
Basaveshwaranagar P.S.
Bengaluru,
Represented by Public Prosecutor,
High Court Building,
Bangalore – 560 001. …Respondents

(By Sri S.Rachaiah, HCGP for R2)

This criminal petition is filed under Section 482 of
Cr.P.C. praying to quash the split up charge sheet filed
against the petitioner in C.C.No.20452/2017 by
2

registering the C.C.No.29201/2017 (Cr.No.417/2016)
vide order dated 06.12.2017 as per Annexure-A, for the
offences punishable under
Sections 498A, 323, 506 r/w.
Section 34 of IPC and Sections 3 and 4 of D.P. Act
pending on the file of V Additional CMM at Bengaluru in
C.C.No.29201/2017 and etc.

This criminal petition, coming on for admission,
this day, the Court made the following:

ORDER

Heard Sri Girish B.Baladare, learned advocate for

petitioner and Sri S.Rachaiah, learned HCGP for State.

2. The first respondent filed a compliant against

her husband and other family members alleging

commission of offence punishable under Section 498-A

of IPC. The Police, after investigation have filed the

charge-sheet. The petitioner herein is brother of

accused No.1 (complainant’s husband). Accused No.1

and the complainant have settled the dispute amicably.

3. By judgment and order dated 09.03.2018 in

C.C.No.20542/2017 the learned V Additional Chief

Metropolitan Magistrate acquitted accused Nos. 1 to 3.

Since the petitioner had absconded, a split charge-sheet

was filed against him in C.C.No.29201/2017.
3

4. Learned advocate for the petitioner prays that

since parties have settled the dispute this Court may

quash the proceedings against the petitioner.

5. This Court has taken a consistent view that

when some of the accused have been acquitted on

merits, it is unnecessary to continue the proceedings

against remaining accused (See Crl.P.No.3809/2017

disposed of on 12.06.2018 – Ashraf K.S. vs. State

by Puttur Police Station and another).

6. In the circumstances, this petition merits

consideration and it is accordingly allowed. The

proceedings in C.C.No.29201/2017 (Annexure-A) on the

file of V Additional Chief Metropolitan Magistrate,

Bengaluru are hereby quashed.

In view of the disposal of the petition,

I.A.No.1/2018 is also disposed of.

No costs.

Sd/-

JUDGE

Cm/-

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