IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6633/2014 BETWEEN:
1. VISHWANATH S/O. SUBRAMANYA AGED ABOUT 36 YEARS 2. SMT. SHWETHA W/O. VISHWANATH AGED ABOUT 26 YEARS BOTH RESIDING AT NO.1, BEHIND SLN BOOK STALL SAVALANGA ROAD, JAYANAGARA SHIMOGA-577 201.
3. SMT. JYOTHI W/O. MANJUNATH AGED ABOUT 31 YEARS R/AT OPP. TO GORUR DAM VADDARAHALLI, GORUR ARAKALAGODU TALUK HASSAN DISTRICT-573 201. ... PETITIONERS (BY SRI. KASHINATH J.D., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY KUNDAPURA CIRCLE POLICE, UDUPI DISTRICT. REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. SMT. SARASWATHI, W/O. SHARAVANA, AGED 22 YEARS, R/O HESKATHTHURU VILLAGE KUNDAPURA TALUK, UDUPI DISTRICT-573201. ... RESPONDENTS (BY SRI. VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED IN PCR NO.313/2014 AND REGISTRATION FIR FOR THE ALLEGED OFFENCES UNDER SECTIONS 323, 498A, 504, 506(2) OF IPC AND UNDER SECTIONS 3, 4, 6 OF D.P. ACT BASED ON THE COMPLAINT DATED: 18.09.2014 GIVEN BY THE RESPONDENT NO.2 HEREIN, PENDING ON THE FILE OF THE C.J. (JR.DN.) AND JMFC, KUNDAPURA, UDUPI DISTICT AS PER ANNEXURE-A AND B AS VEXATIOUS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners. Perused the records.
2. Petitioners have sought for quashing of the proceedings initiated against them for the offences punishable under Sections 323, 498-A, 504, 506(2) of Indian Penal Code, 1860 and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961.
3. When the matter was taken up for hearing, the learned Addl. SPP submitted that after trial, accused Nos.1 to 3 are acquitted of the charges punishable under Sections 323, 498-A, 504, 506(2) of IPC and Sections 3, 4, 6 of the Dowry Prohibition Act dated 21.09.2017 in C.C.No.2505/2014 and the case against accused Nos. 4 to 6 is split up and registered in C.C.No.1579/2017.
Since the petitioners have been absconding and not amenable for the jurisdiction of trial court, it is not proper to extend the benefit under Section 482 of Cr.P.C. to the petitioners. Hence, reserving liberty to the petitioners to appear before the Court and seek their discharge on such grounds available under law, petition is disposed of.
Sd/- JUDGE JS/-
CT:SG