IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9799 OF 2016 BETWEEN:
1. NAVEED NAWAZ KHAN S/O LATE NOORULLA KHAN, AGE 40 YEARS, 2. SMT. SHAHNAAZ BEGUM W/O LATE NOORULLA KHAN, AGE: 67 YEARS, 3. JAVEED KHAN S/O LATE NOORULLA KHAN, AGE: 43 YEARS, PETITIONER NOS. 1, 2 & 3 R/AT NO. 586, NORTH EAST, NARASIMHA RAJA MOHALLA, MYSORE - 570 007.
4. SMT. SABIHA NAAZ W/O MOHAMMED FASI-UR-RAHAMAN KHAN, D/O LATE NOORULLA KHAN, AGED ABOUT 46 YEARS, 5. SMT. KAUSER JABEEN W/O NAVEED AHMED, D/O LATE NOORULLA KHAN, AGED ABOUT 33 YEARS, PETITIONER NOS. 4 & 5 R/AT NO. 36, MARAPPA LAYOUT, RAJA RAJESHWARI NAGAR, BENGALURU-96 ... PETITIONERS (BY SRI: A S KULKARNI, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY HALASURGATE WOMEN POLICE STATION, BENGALURU - 560 002.
2. SMT. NASREEN SAYEED D/O LATE DAWOOD SAYYED, W/O NAVEED NAWAZ KHAN, AGED ABOUT 32 YEARS, OCCUPATION: LECTURER, R/AT NO. 3/4, BERLIE STREET CROSS, LANGFORD TOWN, SHANTI NAGAR, BENGALURU - 560 027. ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 R2-SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET SUBMITTED AGAINST THE PETITIONERS/ACCUSED NO.1 TO 5 IN THE HALASURGATE WOMEN P.S., IN CR.NO.103/2015 (C.C.NO.17258/2016) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498(A) AND 504 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT ON THE FILE OF VI A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and learned SPP-II for respondent No.1.
Respondent No.2 was heard on the last date of hearing.
The petitioners have sought to quash the FIR in Cr.No.103/2015 and the proceeding in C.C.No.17258/2016 registered for the offences punishable under sections 498A, 504 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
The complaint as well as the charge sheet contains ingredients which prima-facie make out the above offences. The allegations made against the petitioners are sought to be substantiated through the statements of the complainant as well as other witnesses cited in the charge sheet. Therefore, I do not find any justifiable reason to quash the impugned proceedings.
Accordingly, the petition is dismissed.
Sd/- JUDGE *mn/-