- 1 - NC: 2025:KHC:4508 CRL.P No. 1360 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1360 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: CHETANKUMAR S S/O K.SHIVANNA AGED ABOUT 29 YEARS RESIDING AT AMMA MANE 5TH CROSS, MATHRUNAGARMACHOHALLI MACHOHALLI, BAPAGRAMA POST MAGADIN MAIN ROAD BENGALORE-560 091 …PETITIONER (BY SRI. RAJU C N.,ADVOCATE) AND: NISARGA M.K W/O CHETAN KUMAR S AGED ABOUT 26 YEARS RESIDING AT NO.962, 5TH MAIN 7TH CROSS, D GROUP, LAYOUT SRIGANDA KAVAL, BENGALORE PIN CODE NO.560 091 …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 09.12.2024 PASSED BY THE HONBLE J.M.F.C (TRAFFIC COURT III BENGALURU IN CRL.MISC.NO.202/2024 PETITION FILED UNDER SEC.12OF THE PROTECTION OF WOMEN FROM Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4508 CRL.P No. 1360 of 2025 DOMESTIC VIOLENCE ACT AGAINST THE PETITIONER BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: "Wherefore, the petitioner above named most humbly pray that this Hon'ble court may be pleased to set aside the order dated: 09/12/2024 passed by the Hon'ble JMFC (Traffic Court III) Bangalore in Crl.Misc.No.202/2024. Petition filed under section 12 of the protection women from domestic violence act against the petitioner. By allowing this petition in the interest of justice." 2. A perusal of the material on record will indicate that the present petition seeks quashing of the impugned proceedings in Crl.Misc.No.202/2024 filed by the respondent – wife against the petitioner – husband 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 - 3 - NC: 2025:KHC:4508 CRL.P No. 1360 of 2025 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 petitioner 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 in all aspects of the matter are kept open and no opinion is expressed on the same. Subject to the aforesaid direction, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE AM List No.: 2 Sl No.: 49