IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2266 OF 2016 BETWEEN:
SMT TEJAMMA W/O LATE KEMPANNA AGED ABOUT 43 YEARS R/AT H.NO.272, KODIPALYA, GUBBI TALUK, TUMKUR DISTRICT-572217 (BY SRI: MADHU C S, ADVOCATE ABSENT) AND:
1. STATE OF KARNATAKA BY CHELUR POLICE STATION, TUMKUR DISTRICT-572117.
2. SMT. SHEELA D.S. D/O SHIVANNA, MAJOR R/AT 9TH CROSS GOKULA EXTENSION, TUMKUR -572101 (BY SRI: NASRULLA KHAN, HCGP FOR R1) ... PETITIONER ... RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.766/2012, ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT GUBBI, BY SETTING ASIDE THE ORDER, DATED 20.02.2016 PASSED IN CRL.R.P.90/2015, BY THE IV ADDL. DIST. AND S.J. AT TUMKUR TO STALL THE ABUSE OF PROCESS OF COURT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner is absent. Heard learned HCGP for respondent No.1.
This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.766/2012.
2. The records indicate that respondent No.2 Smt.
Sheela D.S. lodged a report on 10.06.2012, based on which, FIR in Cr.No.92/2012 was registered against the present petitioner and accused No.2 under Sections 498A, 323, 506 r/w 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. After investigation, charge sheet is laid against both the accused persons for the above offences. The allegations against the present petitioner is that she was having illicit relationship with accused No.1 viz., the husband of respondent No.2(complainant). There are specific allegations that on 26.01.2012, accused Nos.1 and 2 assaulted the complainant and also demanded her to bring Rs.1.00 lakh from her parents’ house and also issued threat to her life. The allegations made against the
cannot be said that the allegations made against the petitioner is false and baseless.
3. The petitioner has sought to quash the proceedings solely on the ground that she has been falsely implicated in the alleged offences and the material collected by the investigating agency does not prima-facie make out the offences alleged against her. But, on going through the charge sheet papers, I am unable to accept the contentions urged by the petitioner. Therefore, the petition being devoid of merit is liable to be dismissed at the stage of admission. Accordingly, the petition is dismissed at the stage of admission. In view of dismissal of the main matter, I.A.No.1/2016 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-