IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 1042/2016 BETWEEN:
1. RAGHU S/O SRINIVASMURTHY, AGED ABOUT 35 YEARS, KEB QUARTERS, SHRAVANABELAGOLA, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT, PIN CODE-573135 2. SRINIVASMURTHY S/O SRIKANTEGOWDA, AGED ABOUT 66 YEARS, NEAR GANDHI CIRCLE, CHANNARAYAPATTANA, HASSAN DISTRICT PIN CODE-573116 3. RATHNAMMA W/O SRINIVASMURTHY, AGED ABOUT 58 YEARS, NEAR GANDHI CIRCLE, CHANNARAYAPATTANA, HASSAN DISTRICT, PIN CODE:573116 ... PETITIONERS (BY SRI SHARATH S GOWDA, ADV.) AND 1. STATE OF KARNATAKA SHRAVANABELAGOLA POLICE STATION, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT, PIN CODE-573135 2. SMT YASHASWINI W/O RAGHU, AGED ABOUT 25 YEARS, QUARTERS BELAGOLA TOWN, HASSAN, PIN CODE-573 135 ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP-II FOR R1 SRI GIRISH B. BALADARE, ADV. FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.33/2015 BY THE RESPONDENT POLICE VIDE ANNEXURE-B PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA FOR THE OFFENCES P/U/S 406,498(A),504,323 R/W 34 OF IPC AND SEC.3,4 OF D.P ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought to quash the charge sheet laid against them in C.C.No.215/2015.
2. Serious allegations are leveled against the petitioners alleging commission of offence punishable under Sections 504, 506, 498-A, 323 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioners submits that allegations are made against all the members of the family and without there being prima facie materials to show the involvement of accused Nos. 2 and 3 they have been roped in the alleged offence and hence seeks to quash the proceedings initiated against the petitioners.
4. Learned counsel for the respondent has opposed the submission and would submit that the allegations made in the FIR as well as in the statement of the 2nd respondent prima facie make out the offence alleged against the petitioners. The said allegations are sought to be substantiated through cogent materials, the correctness or otherwise whereof cannot be decided by this Court under Section 482 of Cr.P.C. and thus prays for dismissal of the petition.
5. Having regard to the nature of allegations made against the petitioners and the prima facie materials produced in support therein, in my view, this is not a fit case to quash the proceedings. However, having regard to the various documents relied upon by all the petitioners which have come into existence prior to the lodging of the complaint, it is proper for the petitioners to seek discharge on such grounds available under law before the trial Court either by moving a separate application for discharge or by making necessary submission at the stage of hearing before charges. Reserving such liberty, petition is dismissed.
Sd/- JUDGE VP