Disposed¶27

Sri. Prabhu J, v. Smt. G Pavithra

Karnataka HC6 Jan 2025CRL.P/7286/2023

Case brief

AI extract

What is this about?

NC: 2025:KHC:13; CRL.P No. 7286 of 2023; High Court of Karnataka at Bengaluru; decided 06-01-2025; Justice S.R.Krishna Kumar; Prabhu J v. G Pavithra & Master Prathik P; S.482 Cr.P.C. quashing petition; Crime Miscellaneous No.200/2020; II Additional Principal Judge, Family Court, Bengaluru; proceedings pending since 2020; statement of objections filed; no interim order; petition disposed of without expressing opinion on merits; liberty reserved to urge all contentions before trial Court.

What did the court decide?

No substantive relief; all contentions left open, with liberty reserved to the petitioner to urge them before the trial Court. ¶27

Sri. Prabhu J, Vs Smt. G Pavithra — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; all contentions left open, with liberty reserved to the petitioner to urge them before the trial Court.

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Issue for consideration

Whether the entire proceedings against the petitioner in Crime Miscellaneous No.200/2020 (CMIS.200/2020) on the file of the II Addl. Principal Judge, Bengaluru, should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Without expressing any opinion on the merits and claim of the petitioner, the court disposed of the petition reserving liberty in favour of the petitioner to urge all contentions in Criminal Miscellaneous No.200/2020 before the trial Court, which shall adjudicate upon the matter after providing sufficient and reasonable opportunity to both the parties and in accordance with law.

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Ratio / Principle

The court recorded that the petitioner had already entered appearance in Criminal Miscellaneous No.200/2020, had filed his statement of objections, that the proceedings were pending since 2020, and that no interim order had been passed in the present petition; on this basis the maintainability contention was left to be urged before the trial Court rather than decided here.

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Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 7286 of 2023, S.482 Cr.P.C.) filed by Sri. Prabhu J, erstwhile husband of respondent No.1, seeking quashing of the entire proceedings initiated by respondent No.1 against him in Crime Miscellaneous No.200/2020 (CMIS.200/2020) on the file of the II Additional Principal Judge, Family Court, Bengaluru. Noting that the petitioner had already entered appearance in the said proceedings, had filed his statement of objections, that the proceedings were pending since 2020, and that no interim order had been passed in the present petition, the Hon'ble Mr Justice S.R.Krishna Kumar, without expressing any opinion on the merits, disposed of the petition reserving liberty to the petitioner to urge all contentions before the trial Court, which is to adjudicate after providing sufficient and reasonable opportunity to both parties and in accordance with law.

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NC: 2025:KHC:13 CRL.P No. 7286 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7286 OF 2023 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI. PRABHU J, S/O MR R JAYAPAL, AGED ABOUT 34 YEARS, R/A NO 60, III MAIN ROAD, SWATHANTHRAPALAYA, SRIRAMPURAM, BANGALORE 560 021.

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…PETITIONER

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(BY SRI. MATHEW P M.,ADVOCATE) AND:

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SMT. G PAVITHRA, D/O G GOPAL AGED ABOUT 29 YEARS,

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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MASTER PRATHIK P AGED ABOUT 7 YEARS S/O PRABHU J

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1 & 2 R/AT NO 22, 2^ND CROSS, 2^ND MAIN ROAD, NAGENDRA GARDEN, SRIRAMPURA, BENGALURU 560 021.

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…RESPONDENTS

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CMIS.200/2020 ON THE FILE OF II ADDL. PRINCIPAL JUDGE AT BANGALORE AGAINST THE ABOVE PETITIONER.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:13 CRL.P No. 7286 of 2023

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, erstwhile husband of respondent No.1 and erstwhile wife are seeking quashing of the entire proceedings filed by respondent No.1 against the petitioner in Crime Miscellaneous No.200/2020 on the file of the II Additional Principal Judge, Family Court, Bengaluru.

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Heard learned counsel for the petitioner and perused the material on record.

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Though several contentions have been urged by the petitioner in support of his claim that the aforesaid petition filed by the respondent against him is not maintainable, having regard to the fact that the petitioner has already entered appearance in the aforesaid Criminal Miscellaneous No.200/2020 and has filed statement of objections and said proceedings are pending since 2020 and no interim order is passed in the present petition,

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NC: 2025:KHC:13 CRL.P No. 7286 of 2023

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without expressing any opinion on the merits and claim of the petitioner, I deem it just and appropriate to dispose of the petition reserving liberty in favour of the petitioner to urge all contentions in the aforesaid proceedings before the trial Court, who shall adjudicate upon the matter after providing sufficient and reasonable opportunity to both the parties and in accordance with law.

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Subject to the aforesaid liberty and leaving open all contentions, petition stands disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS List No.: 1 Sl No.: 5

Sri. Prabhu J, v. Smt. G Pavithra

Case brief

What is this about?

What did the court decide?

Sri. Prabhu J, v. Smt. G Pavithra

Case brief

What is this about?

What did the court decide?

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What the court decided

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