The Karnataka High Court dismissed the writ petition by the petitioner as withdrawn. In the criminal petition, the Court accepted the withdrawal of the complaint and quashed the subsequent criminal proceedings.
Writ petition dismissed as withdrawn; Complaint withdrawn; Criminal proceedings quashed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION NO.57633/2017 (GM - RES)
C/w.
CRIMINAL PETITION NO.7573/2018
In W.P.No.57633/2017:
BETWEEN:
MISS. PARAMJEET KAUR D/O BALWANT SINGH, AGED ABOUT 29 YEARS, RESIDING AT CISF LADIES BARAK NEAR COUNTRY CLUB YELAHANKA-BAGALUR MAIN ROAD, BENGALURU CITY - 560 064
... PETITIONER
(BY SRI.VIJAY RAJ D., ADVOCATE)
AND:
2
OCC:INSPECTOR, CUSTOM DEPARTMENT, BENGALURU INTERNATIONAL AIRPORT, NO.92 B-6 (KRISHNA BLOCK) SHIG, YELAHANKA 5TH PHASE, YELAHANKA NEW TOWN, BANGALORE-560064
... RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1; SRI. P.P. HEGDE, ADVOCATE FOR R2; R4 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO CONSIDER THE MEMORANDUM OF PETITION AND OTHER GROUNDS AND DIRECTING R-1 TO RE-INVESTIGATE THE MATTER IN CONSONANCE WITH FIR AND FURTHER INCORPORATING THE ADDITIONAL CHARGES AS THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-B DATED 5/3/2017 VIDE CRIME NO.40/2017 AND ETC.,
In Crl.P.No.7573/2018:
BETWEEN:
SRI HEMRAJ SINGH GURJAR AGED 28 YEARS, S/O SURJAN SINGH, NOW AT PRESENT
3
EMPLOYED AS INSPECTOR CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, BENGALURU ZONE, BENGALURU-560001
PREVIOUSLY COSTOMS INSPECTOR, BENGALURU INTERNATIONAL AIRPORT BENGALURU
... PETITIONER
(BY SRI.P.P. HEGDE., ADVOCATE) AND:
4
(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1; SRI. VIJAY RAJ D., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.107/2018 OF YELAHANKA NEW TOWN P.S., FOR THE OFFENCES P/U/S 493, 506, 417, 420, 376 R/W 34 OF IPC, PENDING ON THE FILE OF 44th A.C.M.M., NRUPATUNGA ROAD, BANGALORE
THESE PETITIONS COMING ON FOR ORDERS AND HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Both the parties to the lis are present before the
Court and are identified by their respective counsel.
In W.P. No.57633/2017:
Sri. Vijay Raj D., learned counsel appearing for the petitioner with the consent of the petitioner has filed a memo seeking withdrawal of the writ petition along with an affidavit of the petitioner seeking such withdrawal.
petition is dismissed as withdrawn.
5
In Crl.P. No.7573/2018:
Sri. Vijay Raj D., learned counsel appearing for respondent No.2 files a memo seeking withdrawal of the complaint and the proceedings pending before the 44th Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru. In the light of the allegation in the complaint against the petitioner being for the offence punishable under Section 417 of the Indian Penal Code, 1860, the memo is accepted. The complaint which is the subject matter in Crl.P. No.7573/2018 is withdrawn. Therefore, all further proceedings pursuant to the registration of complaint in Crime No.107/2018 now pending in C.C. No.1777/2019 stands quashed.
Sd/JUDGE
VBS
2 provisions across 2 enactments
Miss. Paramjeet Kaur D/o Balwant Singh
The State of Karnataka
Hemraj Singh Gurjar
Hemraj Singh Gurjar
The State - Through Inspector of Police
Paramjeet Kaur
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
