IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4710/2014 BETWEEN:
1. NAGARAJU.B S/O LATE BOREGOWDA, AGED ABOUT 69 YEARS, RESIDENT OF D.KALENAHALLY, ADGUR VILLAGE, KASBA HOBLI, CHANNRAYAPATANNA TALUK, HASSAN DISTRICT – 573 201.
2. ANUSUYAMMA W/O NAGARAJU.B AGED ABOUT 64 YEARS, RESIDENT OF D.KALENAHALLY, ADAGUR VILLAGE, KASBA HOBLI, CHANNRAYAPATANNA TALUK, HASSAN DISTRICT – 573 201.
3. RAJEEV S/O NAGARAJU.B, AGED ABOUT 31 YEARS, RESIDENT OF D.KALENAHALLY, ADAGUR VILLAGE, KASBA HOBLI, CHANNRAYAPATANNA TALUK, HASSAN DISTRICT – 573 201.
4. ASHOKA K.J S/O JAVAREGOWDA, AGED ABOUT 40 YEARS, RESIDENT OF # 1993, JAYANAGAR, IIND STAGE, SALAGAME ROAD, HASSAN-573 201.
(BY SRI GIRISH B.BALADARE, ADV.) AND:
1. PALLAVI W/O JAGADHESHA.N, AGED ABOUT 28 YEARS, RESIDENT OF D.KALENAHALLY VILLAGE, KASBA HOBALI, CHANNRAYAPATANNA TALUK, HASSAN DISTRICT – 573 201.
... PETITIONERS 2. STATE BY CHANNARAYAPATANNA TOWN POLICE, HASSAN DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-01.
... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP FOR R2; R1 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY CHANNARAYAPATANNA TOWN P.S., (HASSAN DIST.) IN CR.NO.144/2014 FOR THE OFFENCE P/U/S 498(A), 114, 149 OF IPC AND SAME IS PENDING BEORE THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC AT CHANNARAYAPATANNA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP appearing for respondent No.2.
2. The petitioners have sought to quash the FIR in Crime No.144/2014 for the offences punishable under Sections 498A, 114 and 149 of IPC. When the matter is taken up for hearing, the learned HCGP submitted that much before filing of the instant petition, charge sheet was laid against the petitioners on 19.4.2014.
3. In view of this submission, learned counsel for the petitioners seeks leave to withdraw the petition with liberty for the petitioners to seek discharge before the trial Court on such grounds available under law. The said submission is placed on record.
4. Petition is dismissed as withdrawn. Liberty is reserved as prayed for.
Sd/- JUDGE *alb/-.