Karnataka High Court
Mr K Deepak Prabhu vs The State Of Karnataka on 6 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:31119
CRL.P No. 7778 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7778 OF 2024
BETWEEN:
1. MR K DEEPAK PRABHU
S/O LATE B KRISHNAMURTHY
AGED ABOUT 36 YEARS
R/AT 48, 5TH MAIN, VR LAYOUT
OPPOSITE TO KEB OFFICE MATHIKERE,
BANGALORE NORTH,
KARNATAKA - 560054
2. MRS KUMUDA
W/O LATE B KRISHNAMURTHY
AGED ABOUT 60 YEARS
R/AT 48, 5TH MAIN, VR LAYOUT
OPPOSITE TO KEB OFFICE MATHIKERE,
BANGALORE NORTH,
Digitally signed KARNATAKA - 560054
by NAGAVENI
Location: HIGH
COURT OF 3. MRS MONISHA
KARNATAKA D/O LATE B KRISHNAMURTHY
AGED ABOUT 30 YEARS
R/AT 48, 5TH MAIN, VR LAYOUT
OPPOSITE TO KEB OFFICE MATHIKERE,
BANGALORE NORTH,
KARNATAKA - 560054
...PETITIONERS
(BY SMT. JAYASHREE PATIL, ADVOCATE)
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NC: 2024:KHC:31119
CRL.P No. 7778 of 2024
AND:
1. THE STATE OF KARNATAKA
ARSIKERE TOWN PS
DISTRICT HASSAN
REPRESENTED BY S.P.P
HIGH COURT COMPLEX
BANGALORE - 560001
2. MRS T A KEERTHANA
W/O K DEEPAK PRABHU
AGED ABOUT 28 YEARS,
OCCUPATION - MUSIC TEACHER
R/AT DURGA APARTMENT,
FIRST FLOOR, HULIYAR ROAD,
ARSIKERE, HASSAN DISTRICT,
KARNATAKA - 573103
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
FIR PRODUCED AS DOCUMENT NO.2 AND CHARGE SHEET FILED BY
THE RESPONDENT NO.1 BY SHO ARSIKERE TOWN POLICE STATION
IN C.C.NO.222/2023 DOCUMENT NO.3 IN CR.NO.0152/2022
DOCUMENT NO.2 FOR THE OFFENCE P/U/S 498A, 506 R/W SEC. 34
OF IPC R/W SEC. 3 AND 4 OF D.P. ACT, AGAINST THE PETITIONERS
WHICH PS PENDING BEFORE THE HONBLE CIVIL JUDGE (SR.DN.)
AND JMFC COURT, ARSIKERE DISTRICT, AND THE 1ST RESPONDENT
POLICE HAS FILED CHARGE SHEET AGAINST THIS PETITIONERS IN
C.C.NO.222/2023 AND THE ENTIRE PROCEEDINGS WHICH ARE
PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC
COURT IS HEREBY PRODUCED AS DOCUMENT NO.4, ARSIKERE
DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
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CRL.P No. 7778 of 2024
ORAL ORDER
The petitioners are before this Court calling in question
the proceedings in C.C.No.222/2023 pending before the Civil
Judge (Sr.Dn.) J.M.F.C. Court, Arsikere, for offences punishable
under Sections 498A and 506 read with Section 34 of the IPC
and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel Smt. Jayashree Patil,
appearing for the petitioners and the learned High Court
Government Pleader Smt. Sowmya R., appearing for
respondent No.1.
3. Learned HCGP on instructions would submit that the
charges have been framed and the matter is set at the stage of
evidence.
4. Therefore, interference at this stage would run foul
of the judgment of the Apex Court in the case of Minakshi Bala
v. Sudhir Kumar1.
(1994) 4 SCC 142
NC: 2024:KHC:31119
5. The petitioners are permitted to urge all the
contentions that are now urged before the concerned Court.
There is no reason to disbelieve that the concerned Court would
not consider the same at an appropriate time.
6. Reserving liberty to the petitioners to avail of such
remedy, as is available in law, the petition stands disposed.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
