The High Court of Karnataka allowed a criminal petition filed under Section 482 CrPC to quash proceedings involving charges of domestic violence, receiving a report that the victim lacked interest in pursuing the case.
The prosecution in C.C.No.7331/2018 against the petitioner for offences under Sections 498A and 34 IPC is 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7169 OF 2021
BETWEEN:
SHIVAM BRIJ KISHORE TIWARI S/O BRIJ KISHORE TIWARI AGED ABOUT 34 YEARS, FLAT NO.306, SSVR LAUREL APARTMENTS, BELAGERE ROAD, VARTHUR.
…PETITIONER
(BY SMT. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. PRATAP KUMAR V., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. WAHEEDA M.M, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
VIDE ORDER DATED 21.08.2023, POLICE REPORT RECEIVED STATING NOTICE SERVED ON FAMILY MEMBER OF RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH ALL THE PROCEEDINGS IN C.C.NO.7331/2018 PENDING BEFORE THE II ACJM,
BANGALORE RURAL DISTRICT, BANGALORE SO FAR AS THE PETITIONER/ACCUSED HEREIN IS CONCERNED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 34 OF IPC, TILL THE FINAL DISPOSAL OF THIS PETITION AND GRANT THE COST OF THIS PETITION.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the prosecution launched against him in C.C.No.7331/2018 pending trial before the II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru for an offence punishable under Section 498A of IPC.
disclosed that she is not interested to defend this criminal petition and that she is not interested to pursue the prosecution of the petitioner.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the criminal proceedings under Section 498A IPC against the petitioner can be quashed in light of the victim's expressed lack of interest.
2 provisions across 2 enactments
Shivam Brij Kishore Tiwari
The State of Karnataka
Nithya
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
