IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.5239/2016 BETWEEN:
1. SRI JAYACHANDRA V.
S/O SRI S. VENKATRAMANAPPA, AGED ABOUT 30 YEARS, 2. SRI S. VENKATRAMANAPPA, S/O SRI SIDDAPPA, AGED ABOUT 68 YEARS, 3. SMT. GANGAMMA V.
W/O SRI S. VENKATRAMANAPPA, AGED ABOUT 50 YEARS, 4. SRI RAJESH, S/O SRI S. VENKATRAMANAPPA, AGED ABOUT 27 YEARS, 5. SRI VASANTH, S/O SRI VENKARAMANAPPA, AGED ABOUT 25 YEARS, PETITIONER NOs.1 TO 5 ARE RESIDING AT No.3, 19TH ‘G’ CROSS, KAGGADASAPURA, C.V. RAMANNAGAR POST, BANGALORE-560 093.
5. SRI SRIHARI H.
S/O LATE HANUMANTHAPPA, AGED ABOUT 45 YEARS, RESIDING AT No.238, KORATAGERE 12TH DIVISION, KORATAGERE TUMKUR – 572 129.
6. SMT. THIPPAMMA W/O SRI GOVINDAPPA, AGED ABOUT 52 YEARS, RESIDING AT No.26, HUVINAHOLE, HIRIYUR, CHITRADURGA – 577 546 PETITIONERS (SRI DEVARAJ G., ADVOCATE) AND 1. THE STATE OF KARNATAKA, BY YESHWANTHAPURA POLICE STATION, BANGALORE -560 022.
2. SMT. JYOTHI M.
W/O SRI JAYACHANDRA V., AGED ABOUT 21 YEARS, RESIDING AT No.56/1, 4TH CROSS, 10TH MAIN, GOKULA I PHASE, 2ND MAIN, MATHIKERE, BANGALORE-560 054. RESPONDENTS (BY SRI DILDAR SHIRALLI, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME No.101/2016 AS PER ANNEXURE ‘A’ INITIATED BY THE RESPONDENTS AGAINST THE PETITIONERS ON THE FILE OF THE 24TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 498A AND 506B OF THE INDIAN PENAL CODE, 1860.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Shri Devaraj G., learned advocate for the petitioners has filed a memo of even date seeking leave of this Court to withdraw this petition with liberty to file a fresh petition challenging the proceedings in C.C. No.20796/2016 (Crime No.101/2016) pending on the file of 24th Additional Chief Metropolitan Magistrate, Bengaluru.
2. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty as prayed for.
3. In view of dismissal of the petition, I.A.No.1/2016 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE sma