IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5692 OF 2012 BETWEEN:
1. A SULAIMAN @ BASHEER S/O AHMED SAIT AGED ABOUT 59 YEARS RESIDING AT NO,479 A, AHAMED MANZIL, DAVIS DALE ROAD, OOTY, TAMIL NADU-643001.
2. SMT THAIRA W/O A SULAIMAN @ BASHEER AGED ABOUT 57 YEARS RESIDING AT NO.479A, AHAMED MANZIL, DAVIS DALE ROAD, OOTY, TAMIL NADU-643001.
3. SHABIR SULAAAIMAN SAIT S/O A SULAIMAN @ BASHEER AGED ABOUT 33 YEARS RESIDING AT NO.479A, AHAMED MANZIL, DAVIS DALE ROAD, OOTY, TAMIL NADU-643001.
... PETITIONERS (BY SMT: ANITHA M., ADVOCATE) AND 1. STATE OF KARNATAKA REP BY THE INSPECTOR OF POLICE KOTHANUR POLICE STATION BANGALORE-560077 2. FATHIMA @ KHATIJA W/O HASSAN PEER MOHAMMED AGED ABOUT 53 YEARS RESIDING AT NO.66, N NAGENHALLI KOTHANOOR POST BANGALORE-560077 ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1; SMT: SAIRA BANU, GPA HOLDER FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ALL THE PROCEEDINGS IN C.C.NO.24764/2011 (PCR NO.2/2011) PENDING ON THE FILE OF THE XI A.C.M.M., MAYOHALL, BANGALORE.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Smt.Anitha M, learned counsel, seeks time on behalf of the learned counsel on record. No justifiable reason to adjourn the matter.
2. Heard Smt.Saira Banu, GPA holder for respondent No.2 in person and the learned HCGP for respondent No.1.
3. Petitioners have sought to quash the charge sheet in C.C.No.24764/2011. After investigation, charge sheet was filed for the offences punishable under Sections 420, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. There are clear averments in the charge sheet that in connection with the purpose of marriage, there was a demand and payment of dowry. That the accused persons demanded and received cash of rupees one lakh, watch and other articles by way of dowry. There are also prima facie materials in support of these accusations. Therefore, it is not a fit case to quash the proceedings. Hence, the petition is dismissed.
Sd/- JUDGE rs