IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.940 OF 2013 BETWEEN:
MR.SHIVANAND S/O LATE RAMA NAIRY AGED ABOUT 33 YEARS, R/AT NO.114/5, BETWEEN 9TH & 10TH CROSS, NEAR B.P. INDIAN SCHOOL, MALLESHWARAM BANGALORE- 560 003 (BY SMT: D.S. PAVITHRA, ADVOCATE FOR S.N.S LAW CHAMBERS) ... PETITIONER AND:
1. STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION, REPRESENTED BY PUBLIC PROCECUTOR, HIGH COURT BUILDING, BANGALORE- 560 001 2. SMT SEETHALAKSHMI W/O SHIVANANDA, D/O LAKSHMANA NAIRY, AGED ABOUT 26 YEARS, "SNEHA SOURABHA",.
MATAPADY POST & VILLAGE, BRAHMAVARA- 576213, UDUPI TALUK & DISTRICT ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: THEJAS RAI, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.724/2012 PENDING ON THE FILE OF THE I ADDL. C.J. & J.M.F.C., UDUPI AGAINST THE PETITIONER.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought to quash the proceedings pending against him in C.C.No.724/2012 on the file of I Addl. Civil Judge and JMFC, Udupi, for the offences punishable under sections 323, 498-A, 504 and 506 of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act.
Heard the learned counsel for the petitioner and learned SPP-II for respondent No.1.
Learned counsel for respondent No.2 is absent.
2. The charge sheet contains specific allegations constituting offences under sections 498-A, 323, 504 and 506 of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act. The said allegations are sought to be substantiated by the direct testimony of the victim as well as other eyewitnesses. Therefore, there is no ground to quash the proceedings.
3. Learned SPP-II appearing for respondent No.1-State submits that the trial court had given ample opportunity for the parties to explore the possibility of settlement. Since settlement could not be arrived at, the learned Magistrate has proceeded with framing of charges and two material witnesses including the victim are examined before the trial court.
For the reasons stated above, the petition is dismissed.
In view of dismissal of the main matter, I.A.No.1/2013 for stay does not survive for consideration. Accordingly, it is dismissed.
*mn/-
Sd/- JUDGE