- 1 - HC-KAR NC: 2025:KHC-K:5182 CRL.P No. 201239 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 201239 OF 2025 BETWEEN: SRI RAJESH KUMAR SAVALGAE S/O RAVI SHANKAR SAVALGE AGED ABOUT 41 YEARS, OCC UN-EMPLOYED/HOUSE HOLD R/O MCH NO.8-1-366/A/44, GROUND FLOOR, JANAKI NAGAR COLONY, TOLI CHOWKI HYDERABAD, TELANGANA - 500008 …PETITIONER (BY SRI. SHAIKH AHMED ALI, ADVOCATE) AND: SMT ASHA HANGARGI D/O NAGSETTI HANGARGI AGED ABOUT 40, OCC: PVT EMPLOYEE R/O HALADKERI BIDAR 584101. …RESPONDENT THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO QUASH THE D.V PROCEEDING AGAINST THE PETITIONER IN CRL MISC NO. 1288 OF 2020 PENDING ON THE FILE OF THE HONOURABLE PRINCIPAL CIVIL JUDGE AND JMFC AT BIDAR, TO PREVENT ABUSE OF PROCESS AND PASS SUCH OTHER AND FURTHER ORDERS AS DEEMED JUST AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:5182 CRL.P No. 201239 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Shaikh Ahmad Ali for the petitioner. 2. The petition is filed under Section 528 BNSS/482 Cr.PC with the following prayer: “It is therefore prayed that this Hon’ble Court may be pleased to quash the D.V.Proceedings against the petitioner in Crl.Misc.No.1288 of 2020 pending on the file of the Hon’ble Principal Civil Judge and JMFC at Bidar, to prevent abuse of process and pass such other and further orders as deemed just and necessary in the facts and circumstances of the case.” 3. Petitioner is the husband of the respondent. Their marriage took place on 21.02.2018 and that the matrimonial relationship was not cordial. Ultimately, a divorce notice came to be issued and the divorce petition came to be filed by the petitioner herein on 27.01.2020. 4. The said petition on contest came to be allowed on 18.08.2022. In the meantime, the respondent had approached the jurisdictional Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred - 3 - HC-KAR NC: 2025:KHC-K:5182 CRL.P No. 201239 of 2025 to as ‘D.V.Act’ for short). In the said petition, she has prayed for restitution of the shared residence and in the alternative maintenance. 5. Before this Court, the learned Trial Magistrate took note of the petition contents and issued notice to the petitioner and others. The grievance of the present petitioner is that he has the benefit of the decree of divorce on and from 18.08.2022 and therefore, continuation of the proceedings before the jurisdictional Magistrate is impermissible and sought for quashing the pending proceedings. 6. This Court perused the material on record meticulously in the light of the argument put forth on behalf of the petitioner. 7. Admittedly, the divorce petition came to be filed on 27.01.2020 and it came to be allowed on 18.08.2022. In the interregnum, the alleged domestic violence that has happened must be compensated by the petitioner. 8. All that the petitioner can do is to bring it to the notice of the jurisdictional Magistrate about the divorce and then seek necessary orders at the hands of the jurisdictional Magistrate. - 4 - HC-KAR NC: 2025:KHC-K:5182 CRL.P No. 201239 of 2025 9. With that observation, this Court is of the considered opinion that no grounds are made out to quash the pending proceeding before the jurisdictional Magistrate in Crl.Misc.No.1288/2020. 10. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V SRISHANANDA) JUDGE ND List No.: 19 Sl No.: 4