IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.3311/2019 BETWEEN:
1. MR. PRAVIN JAGANNATH MOILY, AGED 34 YEARS, SON OF JAGANNATH MOILY.
2. SRI JAGANNATH MOILY, AGED 60 YEARS, SON OF BABU MOILY, 3. SMT. BHAGEERATHI, AGED 58 YEARS, WIFE OF JAGANNATH MOILY, NOS.1 TO 3 ARE RESIDING AT 201/A, WALIA APARTMENT, NAIKWADI, AAREY ROAD, GOREGAON (EAST), MUMBAI – 400 063 4. Dr. HEMLATA RAO, AGED 36 YEARS, WIFE OF VIRAJ RAO, RESIDING AT 19TH FLOOR, CHANDAK PALOMA APARTMENT, AREROAD NAGAR, GOREGAON (EAST), MUMBAI – 400 063. ….PETITIONERS (BY SRI P.P. HEGDE, ADVOCATE) AND 1. THE STATE OF KARNATAKA, THROUGH THE SUB-INSPECTOR OF POLICE, SHANKARANARAYANA POLICE STATION – REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. Dr. RAMITHA, AGED 28 YEARS, W/O PRAVIN JAGANNATH MOILY, RESIDING AT HOUSE NO.4/41B, KRISHNA HOUSE, CHORADI ROAD, HALADI VILLAGE, KUNDAPURA TALUK – 576 222.
ALSO AT SHREE KRISHNA HOUSE, CHORADI ROAD AND 76, HALADI VILLAGE, KUNDAPURA, UDUPI 576 222. …RESPONDENTS (BY SRI. S. RACHAIAH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1 SRI VYASA RAO K.S., ADVOCATE FOR RESPONDENT No.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE CRIMINAL CASE REGISTERED IN CRIME No.47/2019 OF SHANKARANARAYANA POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860, AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, AND PENDING ON THE FILE OF THE FIRST ADDITIONAL CIVIL JUDGE AND JFMC., KUNDAPURA.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Shri P.P. Hegde, learned advocate for the petitioners, has filed a Memo of even date seeking leave of this Court to withdraw this petition with liberty to challenge the charge sheet.
2. Memo is placed on record. The petition is accordingly dismissed as not pressed with liberty as sought for.
3. In view of dismissal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE sma