Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5932 CRL.P No. 8301 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8301 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI. AVINASH RODDA S/O ASHOK RODDA, AGED ABOUT 28 YEARS, R/AT H.NO. 15-5-386/1 NIGHTINGALE SCHOOL ROAD, GANESH NAGAR, BIDAR-585403 KARNATAKA. …PETITIONER (BY SRI. HARISH H. V., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY HOSKOTE POLICE, BANGALORE RURAL
NOW REP. BY ITS SPP, HIGH COURT COMPLEX, BENGLAURU-560001.
2.
K. AMBUJA D/O KRISHNAPPA, W/O SRI. AVINASH, AGED ABOUT 30 YEARS OCC. PRIVATE SERVICE, R/AT. BISNALLI VILLAGE, NADVATTI, HOSKOTE TQ., BENGALURU DISTRICT-562114. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 R2 SERVED BUT UNREPRESENTED)
Digitally signed by LEELAVATHI S R Location: High court of Karnataka
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NC: 2025:KHC:5932 CRL.P No. 8301 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.953/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOSAKOTE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 504, 498A R/W 34 OF IPC AGAINST THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioner seeks for the following reliefs:
“Wherefore, it is prayed that this Honb’le Court be pleased to pass an order, quashing the entire proceedings in C.C.953/2018 on the file of Principal Civil Judge and JMFC, Hoskote, Bengaluru Rural, Bengaluru for the offences punishable under Sections 504, 498 (A) read with Section 34 of IPC against the petitioner, in the above petition, in the interest of justice.”
2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that respondent No.2-complainant filed the instant complaint against the petitioner/accused No.1 and others for alleged offences punishable under Section 498A, 504 read with Section 34 of IPC, pursuant to
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NC: 2025:KHC:5932 CRL.P No. 8301 of 2023
which the impugned charge sheet in C.C.No.953/2018 was filed and the same is pending before the Sessions Court.
4. In the meanwhile, the petitioner filed petition in MC No.36/2019 which culminated for a decree for divorce dated
21.12.2019. In addition thereto, application filed by the petitioner’s parents and younger brother who are arraigned as accused Nos.2 to 4 which culminated in
order dated 05.06.2020 in C.C.No.953/2018 quashing the proceedings. However, application for discharge filed by the petitioner having been rejected by the trial Court, the petitioner is before this Court by way of the present petition.
5. In view of the aforesaid facts and circumstances, in particular, the discharge of accused Nos.2 to 4 as well as dissolution of marriage between the petitioner and respondent No.2 is sufficient to come to conclusion that no useful purpose would be served in continuing the proceedings especially when respondent No.2 has chosen to remain absent and has not contested the proceedings.
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NC: 2025:KHC:5932 CRL.P No. 8301 of 2023
6. In the result, I pass the following:
ORDER i) The petition is hereby allowed. ii) The entire impugned proceedings in C.C.No.953/2018 on the file of the Principal Civil Judge and JMFC, Hoskote, Bengaluru Rural, Bengaluru for the offences punishable under Sections 504, 498 (A) read with Section 34 of IPC insofar as the petitioner is concerned, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 2 Sl No.: 18