IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1147 OF 2017 BETWEEN:
1. SRI Y R GANAPATHI S/O Y.S. RADHAKRISHNA, AGED 66 YEARS, 2. SMT. NAGARATHNA W/O Y.R.GANAPATHI AGED ABOUT 64 YEARS, 3. SRI NITHIN GANAPATHI S/O Y.R.GANAPATHI AGED ABOUT 25 YEARS, NO 1 TO 3 ARE RESIDING AT NO.01, 1ST A MAIN ROAD, YADIYUR JAYANAGAR 7TH BLOCK, BANGALORE - 560 082. ... PETITIONERS (By Sri: VINOD KUMAR M, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY BANASHANKARI POLICE STATION, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.
2. SMT. MADHUSHREE W/O CHETAN GANAPATHI, D/O PRASAD H N AGED 30 YEARS, R/AT NO. 617, 8TH A MAIN, 14TH CROSS, ISRO LAYOUT, BANGALORE - 560 078. ... RESPONDENTS (By Sri: VIJAY KUMAR MAJAGE, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11609/2016 (CRIME NO.12/2016, BANASHANKARI POLICE STATION) PENDING ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, FOR THE OFFENCES P/U/S 498(A) OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under section 482 of Cr.P.C., seeking to quash the entire proceedings in C.C.No.11609/2016 pending on the file of III Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under section 498(A) of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
2. The proceedings were initiated on the basis of the complaint lodged by the respondent herein alleging that she was subjected to cruelty and ill-treatment in the matrimonial house. In the complaint, specific allegations were made alleging that the petitioners including the husband of the complainant were forcing her to leave the matrimonial house.
3. On investigating into the complaint, the respondent No.1 –Police have laid a charge sheet. In view of the material collected by the Investigating Agency and the accusations made in the charge-sheet, it cannot be said that initiation of the proceedings are a mere abuse of the process of court or that the material collected by the Investigating Agency do not make out offence alleged against the petitioner. In that view of the matter, this is not a fit case to interfere in exercise of the jurisdiction under section 482 of Cr.P.C.
Hence, the criminal petition is dismissed.
Sd/- JUDGE Bss.