The High Court of Karnataka disposed of a criminal petition under Section 482 Cr.P.C. seeking to quash domestic violence proceedings. The court held the petition infructuous as the trial court had already dismissed the original petition in 2018.
Petition declared infructuous and disposed of as the impugned proceedings were already dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.P.No.1943/2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.1943/2017
BETWEEN :
P1 TO P5 ARE R/AT NO.1B/3 SECOND CROSS, ASSAYEE ROAD, BANGALORE CANTONMENT – 560 042
(BY SRI B.C.SANTOSH KUMAR &
Crl.P.No.1943/2017
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AND :
MRS.PURNIMA J D/O LATE JAYARAJ AND SARASWATHI HINDU R/AT NO.134, PWD QUARTERS NEAR KSRTC BUS STAND OPP. TO WATER TANK SHIVAMOGGA – 577 202 KARNATAKA …RESPONDENT
(BY SRI NISHANTH FOR SRI SUYOG HERALE, ADVOCATES)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43/2005) IN CRL.MISC.NO.374/2016 PENDING ON THE FILE OF THE COURT OF JMFC-II COURT, SHIVAMOGGA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT THROUGH VIDEO CONFERENCE MADE THE FOLLOWING:
O R D E R
None appears for the petitioners.
that as per the information in E Courts website, the trial Court has dismissed the petition on 27.10.2018.
Crl.P.No.1943/2017
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Shivmoga. By administrative order dated 08.08.2018 the matter was transferred to II Additional Senior Civil Judge & J.M.F.C, Shimoga and renumbered as Crl.Misc.No.70/2018. Further by order dated 27.10.2018, the trial Court dismissed the petition. Therefore this petition has become
infructuous and disposed of accordingly.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the criminal petition praying for quashing of DV proceedings is maintainable when the underlying proceedings were already dismissed.
2 provisions across 2 enactments
Smt. Jayanthi W/O Babu and others
Mrs. Purnima J. D/O Late Jayaraj and Saraswathi Hindu
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
