Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21197 CRL.P No. 1042 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1042 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
ANIL KUMAR T.,
S/O. TUKARAM RAO @ TUKARAM RAO B. R.,
AGED ABOUT 48 YEARS, R/AT NO.2, 1ST MAIN, 5TH CROSS, NANJUNDESHWARA NILAYA, SIDADAHALLI, NAGASANDRA POST BENGALURU – 560 073
2.
SMT. H. R. NAGARATHNA, W/O. LATE TUKARAMA RAO @
TUKARAM RAO B. R., AGED ABOUT 68 YEARS R/AT KASTHURI PLAZA, S. S. PURAM, TUMKUR – 572 102
3.
SMT. ROOPA W/O. MURALI CHAVAN, AGED ABOUT 50 YEARS, RESIDING AT NO. 660/9, PIPELINE, VIJAYANAGAR BENGALURU – 560 040 …PETITIONERS (BY SRI. SURENDRA KUMAR N., ADVOCATE)
AND:
1.
STATE BY BAGALAGUNTE POLICE STATION – 560 073 REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:21197 CRL.P No. 1042 of 2025
2. MAMATHA W/O. ANIL KUMAR T.,
AGED ABOUT 40 YEARS,
NO. 756, NAGARATHNA NILAYA,
20TH CROSS, BAGALAGUNTE,
BENGALURU – 560 073 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. RAJESHA A., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL FURTHER PROCEEDINGS OF C.C.NO.33385/2021 WHICH IS PENDING ON THE FILE OF XXXI A.C.M.M COURT BENGALURU CITY PURSUANT TO CHARGE SHEET FILED BY 2ND RESPONDENT IN C.C.NO.33385/2021 FOR AN OFFENCE P/U/S 498A, 420, 504, 506 R/W 34 OF IPC, THE CHARGE SHEET AGAINST THE PETITIONERS FILED BY THE RESPONDENT POLICE IN C.C.NO.33385/2021 FOR AN OFFENCE P/U/S 498A, 420, 504, 506 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF XXXI A.C.M.M BENGALURU CITY.
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, petitioners seeks for the following reliefs:
“i) Quash all further proceedings of C.C.No.33385/2021 which is pending on the file of the XXXI ACMM Court, Bengaluru city pursuant to Charge sheet filed by 2nd respondent in C.C.No.33385/2021 for an offence punishable under Section 498A, 420, 504, 506 read with Section 34 of IPC in the interest of justice and equity the charge sheet
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HC-KAR NC: 2025:KHC:21197 CRL.P No. 1042 of 2025
against the petitioners filed by the respondent Police in C.C.No.33385/2021 for an offence punishable under Sections 498-A, 420, 504, 506 read with Section 34 of IPC which is pending on the file of XXXI ACMM, Bengaluru City in the interest of justice and equity. ii) Grant such other relief/reliefs as this Hon’ble Court pleased to deem it fit to grant in the interest of justice. ”
2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the proceedings in C.C.No.33385/2021 are pending before the trial Court, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the parties to urge all contentions in the aforesaid proceedings before the trial Court, who shall adjudicate upon the matter after providing sufficient and reasonable opportunity to both the parties and dispose of the proceedings within a period of six months from the date of receipt of copy of this order.
3. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
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HC-KAR NC: 2025:KHC:21197 CRL.P No. 1042 of 2025
4. Subject to the aforesaid directions, the petition stands
disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 1 Sl No.: 111