IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8489/2015 BETWEEN:
1. ABDUL BASID S/O.LATE MD HAFEEZ @ ABDUL SHUKOOR, AGED ABOUT 32 YEARS, 2. ASMATHUNISSA W/O.LATE MD HAFEEZ @ ABDUL SHUKOOR, AGED ABOUT 58 YEARS 3. ABDUL KHALEEL S/O.LATE MD HAFEEZ @ ABDUL SHUKOOR, AGED ABOUT 38 YEARS, ALL ARE R/AT 21/35, 2ND C MAIN, R.M.V. 2ND STAGE, BHOOPSANDRA, NEW EXTENSION, SANJAY NAGAR, BENGALURU - 560094 (BY SRI MANJUNATH N.D., ADV. FOR SRI SYED KHALEEL PASHA., ADVOCATE) AND:
1. TAJJALLA RUKSHAN D/O ALHAJ MUMTAZ AHMED, …PETITIONERS W/O ABDUL BASID, AGED ABOUT 25 YEARS, NO.1, 6TH CROSS, VICTORIA LAYOUT, BENGALURU - 560047.
2. THE STATE OF KARNATAKA REP. BY HALASURGATE WOMEN POLICE STATION, BENGALURU – 560048 ... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.92/2015 WHICH IS PENDING ON THE FILE OF THE VI ADDL.C.M.M., BENGALURU ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners seeks time.
2. Prayer rejected.
3. The petitioners have sought to quash the FIR in Crime No.92/2015 registered by Halasurgate Police, pending on the file of VI Addl.C.M.M., Bengaluru, for the offences punishable under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.2.
5. Learned Government Pleader submits that investigation is completed and charge sheet is already laid against the petitioners for the aforesaid offences.
6. In view of the above development, reserving liberty to the petitioners to challenge the charge sheet if need be or to their discharge on such grounds available in law, the petition is dismissed.
In view of the dismissal of the main petition, I.A.No.1/2015 does not survive for consideration and the same is dismissed.
Sd/- JUDGE nvj