IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6440 OF 2013 BETWEEN:
1. VEDHAMURTHY S/O NANJUNDAPPA AGED 58 YEARS 2. LEELA W/O VEDHAMURTHY AGED 48 YEARS 3. CHINTHANA S/O VEDHAMURTHY AGED 27 YEARS ALL ARE R/A GANDHI CIRCLE NEAR USHA CLINIC BEHIND VIJAYA BANK CHENNARAYAPATNA HASSAN DISTRICT-573116. ... PETITIONERS (BY SRI: T.A. KARUMBAIAH, ADVOCATE-ABSENT) AND 1. STATE OF KARNATAKA REP. BY CHENNARAYAPATNA TOWN POLICE CHENNARAYAPATNA HASSAN DISTRICT-573116.
2. H.A. SATHISH S/O AJJE GOWDA R/A VIDYANAGAR EXTENSION HASSAN-573116.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: K.R.LINGARAJU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH PCR NO.238/2010 FILED BY THE 2ND RESPONDENT BEFORE THE J.M.F.C., CHENNARAYAPATNA WHICH WAS SUBSEQUENTLY REGISTERED AS CR.NO.364/2010 BEFORE THE 1ST RESPONDENT POLICE AND TO QUASH ALL THE FURTHER PROCEEDINGS IN RESPECT OF THE PETITIONERS.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for petitioners is absent.
Heard learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1. Perused the records.
Petitioners have sought to quash the FIR filed by the second respondent/complainant for the offences punishable under sections 323, 324, 306, 504 and 506 r/w 34 Indian Penal Code. The allegations made in the complaint are that on 13.08.2010 at about 9.00 a.m., accused Nos.1 and 2 all of a sudden picked up quarrel with the complainant, abused her in vulgar language and held the complainant and accused No.3 assaulted her with knife on her right hand little finger and also issued threat of life. These allegations, prima-facie, disclose commission of the above offences. As such, I do not find any reason to interfere with the matter. The learned Magistrate having considered the above material has referred the matter for investigation under section 156(3) Cr.P.C.. Said order also does not suffer from any error or illegality warranting interference by this Court. As the matter requires investigation, the petition is dismissed.
Sd/- JUDGE *mn/-