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High Court of Karnataka · body

2025 DAILYLAW 33139 (KAR)

JAYANTH S v. G R PUSHPALATHA

CRL.RP/1283/2024 · 2025-03-14

J M Khazi

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10705 CRL.RP No. 1283 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1283 OF 2024 BETWEEN: 1. JAYANTH S, S/O P.G. SRINIVASA, AGED ABOUT 47 YEARS, 2. RUKMINI, W/O P.G. SRINIVASA, AGED ABOUT 72 YEARS 3. PRASANNA S, S/O P.G. SRINIVAS, AGED ABOUT 43 YEARS, ALL ARE R/O NO. 187, 3RD MAIN, AGS LAYOUT, AREHALLI, SUBRAMANYAPURA POST, BENGALURU - 560 061. …PETITIONERS (BY SRI. TRIVIKRAM S, ADVOCATE) AND: G.R. PUSHPALATHA W/O S. JAYANTH, AGED ABOUT 45 YEARS, R/O BEHIND GOVERNMENT PRIMARY HEALTH CARE CENTRE, BALAJI NILAYA, GORAVALE VILLAGE AND POST, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10705 CRL.RP No. 1283 of 2024 DUDDA HOBLI, MANDYA TALUK, AND DISTRICT - 571 401. …RESPONDENT (BY SRI. KUMARA K.G, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 31/01/2019 FOUND AT ANN-A, PASSED BY THE LEARNED JMFC AT MANDYA IN CRL. MISC NO. 39/2018 AND FURTHER SET ASIDE THE JUDGMENT AND ORDER DATED 02/07/2019 IN CRL. APPEAL 50/2019 PASSED BY THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA FOUND AT ANNEXURE B AND CONSEQUENTLY QUASH THE PROCEEDINGS IN CRL. MISC NO. 64/2023 FILED U/S 31 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 R/W 15 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE RULES, 2006 PENDING ON THE FILE OF THE LEARNED JMFC AT MANDYA AND FOUND AT ANN-D1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw this petition with liberty to file necessary application for restoration of *Crl.P No.5678/2019, which came to be disposed of on 30.09.2022. 2. Respondent who is the wife of petitioner No.1 filed a Crl.Misc.No.39/2018 under Section 12 of Protection * Corrected vide Chamber order dated:02.04.2025. - 3 - NC: 2025:KHC:10705 CRL.RP No. 1283 of 2024 of women from Domestic Violence Act (DV Act for short). It was allowed prohibiting the petitioners from committing any act of domestic violence and reserving liberty to the respondent to go matrimonial home etc., 3. Petitioners challenged the said order in Crl.A.No.50/2019 which came to be dismissed. 4. Against the same, petitioner No.1 filed Crl.P.No.5678/2019. On 30.09.2022, petitioner No.1 got it dismissed by filing a memo stating that charge sheet is filed. The said petition was dismissed as having became infructuous, reserving liberty to challenge the charge sheet. It appears mistakenly the said memo was filed as question of challenging charge sheet would not arise in a petition wherein the order passed under Section 12 of DV act was challenged. 5. After getting Crl.P.No.5678/2019 dismissed, respondents before the trial Court have filed the present Crl.RP.No.1283/2021. - 4 - NC: 2025:KHC:10705 CRL.RP No. 1283 of 2024 6. As per the memo filed today, it appears before the Mediation, the respondent has raised question of maintainability of this petition and therefore, petitioners have filed the memo to dismiss this petition with liberty to get Crl.P.No.5678/2019 revived. In the light of the memo, this petition is dismissed as withdrawn, reserving liberty to the petitioners to get *Crl.P No.5678/2019 restored subject to limitation. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 57 CT: BHK * Corrected vide Chamber order dated:02.04.2025.