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2025 DAILYLAW 78882 (KAR)

SOMASHEKHARAYYA M. H. @ v. STATE OF KARNATAKA BY

CRL.P/8610/2024 · 2025-07-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25632 CRL.P No. 8610 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8610 OF 2024 BETWEEN: 1. SOMASHEKHARAYYA M.H @ SOMASHEKARAIAH M.H S/O HALAIAH M G AGED ABOUT 43 YEARS, 2. NEELAMMA @ NEELAMMA MR W/O HALAIAH M G AGED ABOUT 69 YEARS, 3. HALAYYA M.G @ HALAIAH M G, S/O GURUSIDDAIAH, AGED ABOUT 70 YEARS, 4. CHANNESHA @ CHANNAIAH M H, S/O HALAIAH M G, AGED ABOUT 38 YEARS, ALL THE PETITIONERS 1 TO 4 ARE RESIDENT OF KANIVEBILACHI, CHANNAGIRI TALUK, DAVANGERE DISTRICT - 577 231. 5. BHAGYAMMA @ BHAGYA PRAVEEN, W/O PRAVEEN HIREMATH B S, AGED ABOUT 31 YEARS, R/O 883/8, VRUSHABHA, 3RD FLOOR, SARASWATHI NAGAR, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25632 CRL.P No. 8610 of 2024 DAVANGERE - 577 001. …PETITIONERS (BY SRI. H. DEVENDRAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT. SHRUTHI M.S, W/O SOMASHEKHARAYYA, AGED ABOUT 33 YEARS, R/O RENUKACHARYA NILAYA, BHUVANESHWARI LAYOUT, OLD GURUPURA, HOLEHONNUR ROAD, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 227. …RESPONDENTS (BY SRI. K. NAGESWARAPA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AS CRIME NO.48/2024 REGISTERED BY THE 1ST RESPONDENT I.E., JMFC II COURT, SHIVAMOGGA FOR THE ALLEGED OFFENCES P/U/S 498(A), 504, 323, 313, 506, 114, 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, AGAINST THE PETITIONERS ARE CONCERNED HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25632 CRL.P No. 8610 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: " Wherefore, the petitioner prays that this Hon'ble Court may be pleased to - a. Quash the First Information Report registered as Crime No.48/2024 registered by the 1st respondent i.e., JMFC II Court, Shivamogga for the alleged offences punishable under Section 498 (A), 504, 323, 313, 506, 114, 34 of IPC and Sec.3, 4 of Dowry Prohibition Act, 1961 against the petitioners are concerned herein. AND: b. Any other order as this Hon'ble Court deems fit in the circumstances of the case. " 2. Learned counsel for the petitioners has filed a memo, stating that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to - 4 - HC-KAR NC: 2025:KHC:25632 CRL.P No. 8610 of 2024 file a fresh petition, in the interest of justice and equity. The memo is placed on record. 3. The memo reads as under: "MEMO FOR WITHDRAWAL "The undersigned counsel for the petitioner herein prays to withdraw the criminal petition with liberty to file fresh criminal petition as charge sheet is filed. Hence, kindly accept the memo in the interest of justice and equity." 4. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioners to file a comprehensive/fresh criminal petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 2 Sl No.: 20 CT: BHK