IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1593 OF 2017 BETWEEN:
1. SMT. KAMALAKSHI W/O. PALAKSHAPPA AGED ABOUT 58 YEARS 2. SRI PALAKSHAPPA S/O. LATE MAHALINGAPPA AGED ABOUT 85 YEARS PETITIONERS NO.1 AND 2 ARE R/O. DOOR NO.760, 233, 5TH CROSS, 6TH MAIN ANJANEYA BADAVANE DAVANAGERE – 577 003 3. SMT. BHAKTHI W/O. PRAVEEN AGED ABOUT 27 YEARS R/O. DOOR NO.5, 3RD MAIN 2ND BLOCK, SHAKTHI GARDEN NAGARABHAVI, BANGALORE CITY BANGALORE – 560 038 … PETITIONERS (BY SHRI V.B. SIDDARAMAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION HADADI ROAD DAVANAGERE – 577 001 REP. BY THE S.P.P., HIGH COURT BUILDING BANGALORE – 560 001 2. SMT. M.C. NETHRAVATHI W/O. GURURAGHAVENDRA AGED ABOUT 31 YEARS R/AT NO.1974/11A 14TH CROSS, ANJANEYA BADAVANE DAVANAGERE– 577 003 ... RESPONDENTS (BY SHRI S. RACHAIAH, HCGP FOR R.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1297/2016 (CRIME NO.84/2015) REGISTERED BY THE RESPONDENT NO.1, WOMEN POLICE STATION, DAVANAGERE ON THE COMPLAINT OF THE RESPONDENT NO.2, PENDING ON THE FILE OF JMFC-III COURT, DAVANAGERE FOR THE ALLEGED OFFENCES U/S 498A, 114, 506 R/W 34 OF IPC BY ALLOWING THE ABOVE CRIMINAL PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri V.B. Siddaramaiah, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the State.
2. Second respondent-complainant is wife of one Gururaghavendra. Petitioners No.1 and 2 are parents and petitioner No.3 is sister of Gururaghavendra. Complainant filed FIR No.84/2015 on 03.08.2015 against the petitioners in Women Police station, Davanagere, alleging offences punishable under Sections 498A, 114, 506 read with Section 34 of IPC. Police, after investigation have filed the charge sheet.
3. Shri V.B. Siddaramaiah, learned advocate for the petitioners submits that petitioners and respondent No.2- complainant are living separately and the allegations contained in the complaint are false. He further submits that petitioners No.1 and 2 are senior citizens and therefore criminal proceedings against them may be quashed.
4. Shri S. Rachaiah, learned HCGP adverting to the complaint submits that serious allegations are levelled against the petitioners and police, after investigation have rightly filed the charge sheet.
5. A careful perusal of the complaint shows that solitary ground of innocence urged before this Court can be proved only after trial. In the circumstances, there is no ground is made out to interfere by exercising power under Section 482 of Cr.P.C. Resultantly, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV