IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.5914 OF 2019 BETWEEN:
1. SMT. DIVYA KUSHAL, WIFE OF SRI KUSHALVIKRAM, AGED ABOUT 27 YEARS, No.15/65, MARSDEN STREET, PARAMATTA, NSW, AUSTRALIA-2150.
#408, 5TH BLOCK, 17TH MAIN, 2ND CROSS, K.H.B. COLONY, KORAMANGALA, BENGALURU – 560 095 2. SRI KUSHALVIKRAM, SON OF SRI S. VIKRAM, AGED ABOUT 32 YEARS, No.15/65, MARSDEN STREET, PARAMATTA, NSW, AUSTRALIA-2150 JAYAVILAS No.45, 4TH CROSS, 5TH BLOCK, KORAMANGALA, BENGALURU-560 095. …PETITIONERS (BY SHRI YASEEN BABU, ADVOCATE) AND:
1. SMT. SOUMYAS.JANNU, WIFE OF SRI VISHAL V. ANAVEKAR, AGED ABOUT 25 YEARS, RESIDING AT FLAT No.204, SRI SAMUKHA APTS., LALBAGH SIDDAPURA, KALYANI GANESH TEMPLE ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011.
2. THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, BENGALURU, REPRESENTED BY LEARNED SPP.
… RESPONDENTS (BY SRI NASRULLA KHAN, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE F.I.R REGISTERED IN CRIME No.375/2018 BY RESPONDENT No.2 – POLICE FOR OFFENCES PUNISHABLE UNDER SECTIONS 498- A, 504, 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, ON THE COMPLAINT OF SMT. SOUMYA S. JANNU – RESPONDENT No.1 VIDE ANNEXURE – A PENDING ON THE FILE OF XLV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners have filed this petition with a prayer to quash FIR No.375/2018 registered in Koramangala Police Station, Madivala sub-division, Bengaluru city.
2. Shri Yaseen Babu, learned advocate for the petitioners has filed a Memo of even date stating that respondent No.2 – Police have filed charge sheet in Crime No.375/2018 against the petitioners and this petition has become infructuous and accordingly, prayed for dismissal of the petition with liberty to file a fresh petition challenging the charge sheet.
3. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty to challenge the charge sheet, if they are so advised.
4. In view of dismissal of the petition, I.A. No.1/2019 does not survive for consideration and it is disposed of.
No costs.
Sd/- JUDGE sma