IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P.NO.8662/2015 BETWEEN:
1. SMT. RADHA W/O JANARDHAN BAIRY AGED ABOUT 55 YEARS, 2. SMT. DEEPIKA D/O JANARDHAN BAIRY AGED ABOUT 31 YEARS, BOTH RESIDING AT NO.141, NAGASHEESH, I FLOOR, 4TH CROSS, IST ‘E’ MAIN, GIRINAGAR, BANSAHANKARI III STAGE, BENGALURU-560085 ... PETITIONERS (By Sri. N SRIRAM REDDY, ADV. (ABSENT) AND:
1. THE STATE OF KARNATAKA BY CHANNAMMANAKERE ACHU KATTU POLICE STATION, BENGALURU-560 050 2. JANARDHANA BAIRY S/O ANNAPPA BAIRY, AGED ABOUT 67 YEARS, RESIDING AT NO.113, IN FRONT OF MARAMMA TEMPLE, KATRAGUPPE, BANASHANKARI III STAGE, BENGALURU-560 085 ... RESPONDENTS (By Sri I.S.PRAMOD CHANDRA, SPP-II FOR R1, SRI S.N.BHAT, ADV. FOR R2 (ABSENT) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN CHANNAMMANAKERE ACHU KATTU P.S., CR.NO. 364/2015 FOR THE ALLEGED OFFENCE P/U/S 324,352,506 R/W 34 OF IPC, ON THE FILE OF THE LEARNED II ADDL.C.M.M., BENGALURU.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners is absent.
2. Perused the petition.
3. The petitioners have sought to quash the FIR in Cr.No.364/2015 registered against them for the offences punishable under Sections 324, 352, 506 read with section 34 of IPC.
4. When the matter is taken up for consideration, learned SPP-II appearing for respondent No.1 submits that after investigation, charge sheet was filed only against petitioner No.1-/accused No.1 in C.C.No.27979/2016 on the file of the II ACMM, Bangalore, and petitioner No.2/accused No.2 was left out in the charge sheet and after trial even accused No.1 has been acquitted of the above charges by judgment and order dated 05.05.2018 in C.C.No.27979/2016.
5. In view of the above submissions, nothing survives for consideration in this petition. Accordingly, the petition is dismissed.
Sd/- JUDGE TL