IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.217/2016 BETWEEN:
1. SRI S.VIRUPAKSHAPPA S/O LATE CHANNABASAPPA, AGED ABOUT 62 YEARS, 2. SMT. PUSHPALATHA W/O VIRUPAKSHAPPA, AGED ABOUT 53 YEARS, 3. SMT. SWETHA D/O VIRUPAKSHAPPA, W/O B.S. SHASHIKUMAR, AGED ABOUT 28 YEARS, ALL ARE R/O 14TH MAIN, 2ND CROSS, SIDDAVEERAPPA EXTENSION, DAVANAGERE-577 004.
(BY SRI NITIN.R, ADVOCATE - ABSENT) AND:
1. THE STATE OF KARNATAKA BY DAVANGERE WOMEN P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560 001.
…PETITIONERS 2. SMT. GEETHA.D.R DOOR NO.3616/1, MCC ‘B’ BLOCK, 8TH MAIN, 5TH CROSS, DAVANAGERE-577 001.
... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP. FOR R1 & SRI RAGHAVENDRA REDDY, ADVOCATE FOR R2-ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.82/2015 OF WOMEN P.S., DAVANAGERE, WHICH IS NOW PENDING ON THE FILE OF THE III-JMFC, DAVANAGERE AND CONSEQUENTIAL PROCEEDINGS ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners is absent. I have perused the records.
2. Petitioners have sought to quash the FIR in Crime No.82/2015 registered by the Women Police Station, Davanagere, for the offences punishable under Sections 323, 324, 504, 342, 354, 506 r/w. 34 of IPC.
3. When the matter was taken up for hearing, learned High Court Government Pleader appearing for respondent No.1 submitted that the investigation is completed and charge sheet is laid against the petitioners for the above offences and the matter is now pending on the file of the III JMFC, Davangere.
4. In view of the above development, petition does not survive for consideration. Accordingly, reserving liberty to the petitioners to seek for their discharge before the trial Court on such grounds available under law, the petition is dismissed.
Sd/- JUDGE nvj