The Court dismissed two criminal petitions filed under Section 482 CrPC seeking quashing of proceedings. Dismissal arose because court notices served on the petitioner returned unserved, leading the Court to conclude the petitioner was not interested in pursuing the matter.
Petitions dismissed for non-prosecution.
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.
NC: 2023:KHC:35777 CRL.P No. 2021 of 2016 C/W CRL.P No. 2020 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2021 OF 2016 C/W CRIMINAL PETITION NO. 2020 OF 2016
IN CRL.P. NO.2021/2016
BETWEEN:
SMT. K.C. KAVITHA W/O. K.S.CHETHAN AGED ABOUT 39 YEARS RESIDING AT C/O. NO.65, 7TH MAIN, 7TH CROSS, BANASHANKARI 3RD STAGE, BANGALORE - 560 080.
…PETITIONER (BY SRI. N.P.KALLESH GOWDA, ADVOCATE) AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SMT. B.V. SUNITHA, AGED ABOUT 43 YEARS D/O. B.L.VENKATACHALAPATHY RESIDING AT NO.112/105, 2ND MAIN ROAD, 7TH BLOCK, JAYANAGAR, BANGALORE - 560011.
…RESPONDENT (BY SRI. ABHINAV R., ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.29080/2015, AGAINST THE PETITIONER HEREIN PENDING ON THE FILE OF THE HON'BLE XXI A.C.M.M. AT BANGALORE.
IN CRL.P. NO.2020/2016
BETWEEN:
SMT. K.C. KAVITHA W/O. K.S.CHETHAN
NC: 2023:KHC:35777 CRL.P No. 2021 of 2016 C/W CRL.P No. 2020 of 2016
AGED ABOUT 39 YEARS, RESIDING AT C/O. NO.65, 7TH MAIN, 7TH CROSS, BANASHANKARI 3RD STAGE, BANGALORE - 560080. (BY SRI. N.P.KALLESH GOWDA, ADVOCATE)
…PETITIONER
AND:
SMT. JYOTHI PATHY AGED ABOUT 64 YEARS, W/O. B.L.VENKATACHALAPATHY RESIDING AT NO.112/105, 2ND MAIN ROAD, 7TH BLOCK, JAYANAGAR, BANGALORE-560011.
…RESPONDENT
(BY SRI. ABHINAV R., ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.29078/2015, AGAINST THE PETITIONER HEREIN PENDING ON THE FILE OF THE XXI A.C.M.M., BANGALORE AND ALLOW THE PETITION.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It was noticed that the learned Sri. S.P.Kalleshgowda, representing the petitioner in both these petitions expired. Therefore, this Court had issued Court notice to the petitioner - Smt. K.C.Kavitha (common in both the petitions) through the concerned
police station. The notice so issued returned un-served
as per the report of the police dated 20.04.2023.
the respondent to serve a copy of this petition to the counsel who represented the petitioner before the Trial Court. It is stated at the bar that even before the Trial Court, the petitioner is not represented by any counsel.
way to ascertain the correct address of the petitioner and the attempt of the Court to serve the petitioner has proved futile and no steps are taken till date for her representation, only indicates that the petitioner is not interested to pursue these petitions.
Hence, the petitions are dismissed for nonprosecution.
Sd/JUDGE
HJ List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the criminal petitions should be dismissed for non-prosecution given the petitioner's failure to pursue them.
1 provisions across 1 enactments
SMT. K.C. KAVITHA W/O. K.S.CHETHAN
SMT. B.V. SUNITHA
SMT. JYOTHI PATHY
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
