IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.6597 OF 2018 BETWEEN:
1. SRI SATHISH S/O LATE M.M. NANJAPPA GOWDA AGED ABOUT 43 YEARS OCC: ADVOCATE 2. SMT. AKSHATHA M.P. W/O SATHISH M.N AGED ABOUT 31 YEARS DEPARTMENT OF POSTS BOTH ARE RESIDING AT:
DATHRI NILAYA, 1ST CROSS VIJAYANAGARA CHIKMAGALURU PIN: 577 101 … PETITIONERS (BY SHRI H. MALATESH, ADVOCATE) AND:
1. MR. G.V. NIRANJAN S/O G.C. VEEREGOWDA AGED ABOUT 47 YEARS R/AT 1ST CROSS, VIJAYANAGARA CHIKMAGALURU PIN: 577 101 2. STATE BY CHIKMAGALURU TOWN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ... RESPONDENTS (BY SHRI S. RACHAIAH, HCGP FOR R.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKAMAGALURU IN C.C.NO.425/2018 FOR THE OFFENCE P/U/Ss 354D, 504, 506 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri H. Malatesh, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the State.
2. Learned advocate for the petitioners submits that on 01.11.2016 petitioner No.2 registered FIR No.324/2016 in Chikmagalur Police Station alleging commission of offences punishable under Sections 354D, 506, 504, 148, 149 and 114 of IPC. As a counter blast, respondent No.1 filed FIR No.325/2016. Police, after investigation have filed charge sheets in both cases.
3. He further submits that petitioners have benefit of an order of temporary injunction in their favour in OS.No.358/2016 on the file of Civil Judge and JMFC, Chikkamagalur. The allegations contained in the FIR are false and in view of the fact that petitioners have the benefit of injunction by the competent Civil Court, criminal proceedings against the petitioners are unsustainable.
4. Shri S. Rachaiah, learned HCGP, submits that in this case, both parties have filed FIR on the very same date within a matter of one hour. After investigation, police have filed the charge sheets. Allegations against the parties are serious in nature and trial is necessary.
5. A careful perusal of the FIR shows that FIR No.324/2016 has been registered at 21:15 hours and FIR No.325/2016 has been registered at 22:00 hours on 01.11.2016. Police, after investigation have filed charge sheet in both cases. The allegations contained in respective charge sheets require trial. In the circumstances, I see no ground to interfere by exercising power under Section 482 of Cr.P.C. Resultantly, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV