Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5400 CRL.P No. 1450 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1450 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SHUBHAM GULATI, S/O LATE MR. RAJESH GULATI, AGED ABOUT 35 YEARS, A-4, SHASTRI NAGAR, BIKANER, RAJASTHAN – 334 003.
HAVING AADHAAR NUMBER- 9809 4582 7190 (REPRESENTED BY HIS POWER OF ATTORNEY) MAGAN GULATI, NO.A-4, SHASTRI NAGAR, BIKANER, RAJASTHAN – 334 001.
2.
MAGAN GULATI W/O LATE MR. RAJESH GULATI, AGED ABOUT 61 YEARS, NO.A-4, SHASTRI NAGAR,
BIKANER, RAJASTHAN – 334 001.
3.
ANKIT GULATI S/O LATE MR. RAJESH GULATI AGED ABOUT 31 YEARS NO-C-1303, APARNA SAROVAR ZENITH, NALLAGANDLA, HYDERABAD TELANGANA – 500 019.
4.
RASHI TAYAL D/O MR. RAJEEV TAYAL AGED ABOUT 30 YEARS NO-C-1303, APARNA SAROVAR ZENITH NALLAGANDLA, HYDERABAD TELANGANA – 500 019. …PETITIONERS (BY SRI. SATHIES KUMAR S., ADVOCATE)
Digitally signed by LEELAVATHI S R Location: High court of Karnataka
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NC: 2025:KHC:5400 CRL.P No. 1450 of 2025
AND:
PREETI SINGH GULATI, W/O SHUBHAM GULATI, AGED ABOUT 31 YEARS, NO-75/01, GROUND FLOOR, OSBORNE ROAD HALASURU BENGALURU – 560 042. …RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FURTHER PROCEEDINGS AGAINST THE PETITIONERS IN CRL.MISC.NO.1246/2024 FILED UNDER SECTION 12 OF DOMESTIC VIOLENCE ACT, PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, RURAL COURT, BANGALORE FILED ON 03.08.2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, the petitioners seek the following relief:
"a) Quash the further proceeding against the petitioners in Crl.Misc.No.1246/2024 filed under Section 12 of the Domestic Violence Act, pending on the file of Chief Judicial Magistrate Rural Court, Bangalore filed on
03.08.2024. b) Pass any other order(s) that this Hon’ble Court may deem fit and appropriate in the interest of justice."
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NC: 2025:KHC:5400 CRL.P No. 1450 of 2025
2. A perusal of the material on record will indicate that the present petition seeks quashing of the impugned proceedings in Crl.Misc.No.1246/2024 filed by the respondent – wife against the petitioner No.1 – husband and other petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that several contentious issues and disputed questions of law and fact arise for consideration, which necessarily have to be decided by the Trial Court, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition, reserving liberty in favour of the petitioners to contest the proceedings before the Trial Court by filing objections, documents, etc., and to proceed further in accordance with the law.
4. The Trial Court shall provide sufficient and reasonable opportunity to both parties to file pleadings, documents, evidence, etc., and dispose of the proceedings in accordance with the law.
5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
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NC: 2025:KHC:5400 CRL.P No. 1450 of 2025
6. Subject to the aforesaid direction, petition stands
disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 1 Sl No.: 88