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NC: 2025:KHC:5401 CRL.P No. 1507 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.1507 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI PAVAN S.R.
S/O. S. RAGHAVACHAR, AGED ABOUT 36 YEARS, R/AT NO.44, 8TH MAIN, 2ND BLOCK, BSK I STAGE, BANASHANKARI POST, BENGALURU – 560 050. …PETITIONER (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE)
AND:
SMT. KAVITHA T.P., D/O. PUTTARAJACHARYA @ PUTTARAJU, W/O. PAWAN S.R., AGED ABOUT 29 YEARS, R/AT RANGADHAMA NILAYA, T.P. KAILASAM ROAD, SAPTHAGIRI LAYOUT, TUMAKURU – 572 101. …RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT IN CRL.MISC.NO.22/2021 ON THE FILE OF THE 4TH ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU, UNDER SECTION 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, VIDE ANNEXURES – C AND D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:5401 CRL.P No. 1507 of 2025
ORAL ORDER
In this petition, the petitioner seeks the following relief:
"Quash the proceedings initiated by the respondent in Crl.Misc.No.22/2021 on the file of the 4th Addl. Civil Judge & JMFC at Tumakuru under Section 12 of the Protection of Women from Domestic Violence Act, 2005 vide Annexures – C and D in the interest of justice and equity.”
2. A perusal of the material on record will indicate that the present petition seeks quashing of the impugned proceedings in Crl.Misc.No.22/2021 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 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
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NC: 2025:KHC:5401 CRL.P No. 1507 of 2025
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. Liberty is reserved in favour of the petitioner to file appropriate Interlocutory Application before the Trial Court, which shall consider and dispose of the same in accordance with law.
6. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
7. Subject to the aforesaid direction, petition stands
disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 1 Sl No.: 90