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2025 DAILYLAW 56221 (KAR)

DR LEKSHMY VIJAY V G v. THE STATE OF KARNATAKA BY

CRL.P/6854/2024 · 2025-07-22

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6854 OF 2024 (482(Cr.PC) / 528(BNSS)-) C/W WRIT PETITION NO. 16670 OF 2023 (GM-RES) IN CRL.P No. 6854/2024 BETWEEN: 1. DR LEKSHMY VIJAY V. G. D/O VIJAYA KUMAR B. S., AGED ABOUT 36 YEARS, R/AT T C 17/3934, VIJAYAGEETHAM CRA 103, OPP. COSMOPOLITAN HOSPITAL, ELAMPA AND PATTOM P O, THIRUVANATHAPURAM, KERALA STATE – 695 004 2. DR. VIJAYAKUMAR B. S., S/O N. BASKARAN NAIR, AGED ABOUT 67 YEARS, R/AT TC 2/1514(3) (TC16/1634 NEW) VIJAYAGEETHAM CRA 103, OPP. COSMOPOLITAN HOSPITAL, PATTOM P O, THIRUVANATHAPURAM, KERALA STATE – 695 004 …PETITIONERS (BY SRI. AKHIL BABU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SURYANAGARA PS BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 2. MR. RENJITH V. S., S/O VIJAYAN G., AGED ABOUT 35 YEARS, R/ATNO 623, ESHA HOUSE, 4TH CROSS, PARK ROAD, JR GREEN PARK, MARASURU, CHANDAPURA, ANEKAL TALUK, BENGALURU 562106 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. UNNIKRISHNAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.564/2023 REGISTERED BY SURYANAGAR P.S., BENGALURU FOR AN OFFENCES PUNISHABLE UNDER SECTION 490, 494, 495, 496 AND 120B R/W 34 OF IPC AND THE ENTIRE PROCEEDINGS PENDING BEFORE IV ADDL. CIVIL JUDGE AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT IN PCR.NO.330/2023. IN WP NO. 16670/2023 BETWEEN: 1. VIJAYAN G., S/O N. GOPALAN, AGED ABOUT 68 YEARS, NO. 623, ESHA HOUSE, 4TH CROSS PARK ROAD, JR GREEN PARK, MARASUR, CHANDAPUR, ANEKAL TALUK, BENGALURU – 562 166. 2. RENJITH V. S. S/O VIJAYAN G. AGED ABOUT 35 YEARS NO. 623, ESHA HOUSE, 4TH CROSS PARK ROAD, JR GREEN PARK, MARASUR, CHANDAPUR, ANEKAL TALUK, BENGALURU – 562 166. - 3 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 3. SREEJITH V. S. S/O VIJAYAN G. AGED ABOUT 39 YEARS, R/A NO. 623, ESHA HOUSE, 4TH CROSS PARK ROAD, JR GREEN PARK, MARASUR, CHANDAPUR, ANEKAL TALUK, BENGALURU – 562 166. 4. T. SREEKUMARI AGED ABOUT 59 YEARS, W/O VIJAYAN G., R/A NO. 623, ESHA HOUSE, 4TH CROSS PARK ROAD, JR GREEN PARK, MARASUR, CHANDAPUR, ANEKAL TALUK, BENGALURU – 562 166. 5. ATHIRA W/O SREEJITH V S AGED ABOUT 36 YEARS, R/A NO. 623, ESHA HOUSE, 4TH CROSS PARK ROAD, JR GREEN PARK, MARASUR, CHANDAPUR, ANEKAL TALUK, BENGALURU – 562 166. …PETITIONERS (BY SRI. S. MANOJ KUMAR AND SRI. ANISH JOSEPH, ADVOCATES FOR P1 TO P5; SRI. UNNIKRISHNAN M., ADVOCATE FOR P1 TO P3) AND: 1. THE STATE OF KARNATAKA BY SURYANAGAR POLICE STATION, ANEKAL SUB DIVISION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. DR. LAKSHMI VIJAY V G D/O VIJAY KUMAR B. S. AGED ABOUT 35 YEARS, R/A TC 2/1514-3 CRA 103 VIJAYGEETHAM, - 4 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 OPP. COSMOPOLITAN HOSPITAL, PATTOM, THIRUVANTHAPURAM, KERALA – 695 004. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. AKHIL BABU, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C. PRAYING TO QUASHING THE FIR (ANNEXURE-A) REGISTERED BY THE SURYANAGAR POLICE STATION BENGALURU DIST IN CRIME NO. 0218/2023 DATED 17.06.2023 REGISTERED FOR THE OFFENCES PUNISHABLE U/S 354(A), 354(D), 420 AND 504 OF IPC PENDING BEFORE THE II ADDL CIVL JUDGE (JR. DN.) AND JMFC COURT ANEKAL BANGALORE RURAL DIST ARRAIGNING THE PETITIONER HEREIN AS ACCUSED RESPECTIVELY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.6854/2024, the petitioners seek for the following reliefs: “Wherefore, the petitioners above named most humbly pray that this Hon’ble Court be pleased to quash the FIR in Crime No.564/2023 registered by Suryanagar Police Station, Bengaluru for an offences punishable under Sections 490, 494, 495, 496 and 120B read with Section 34 of IPC and the entire proceedings pending before IV Additional Civil Judge and JMFC Court, Anekal, Bengaluru Rural District in PCR No.330/2023, that for the reasons stated above in the ends of justice.” - 5 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 In W.P.No.16670/2023, the petitioners seek for the following reliefs: “i) Issue an appropriate writ or order or direction, quashing the FIR (Annexure-A) registered by the Suryanagar Police Station, Bengaluru District in Crime No.218/2023 dated 17.06.2023 registered for the offences punishable under Section 354(A), 354(D), 420 and 504 of IPC pending before the II Additional Civil Judge (Jr.Dn) and JMFC Court, Anekal, Bangalore Rural District; arraigning the petitioners herein as accused respectively. ii) Grant such other reliefs as this Hon’ble Court deem fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners, learned counsel for the respondents and perused the material on record. G.Vijayan - petitioner in W.P.No.16670/2023 is physically present and has been identified by learned counsel. 3. A perusal of the material on record will indicate that Renjith V.S.,- respondent No.2-complainant in Crl.P.No.6854/2024 - 6 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 is the husband of Dr.Lakshmi Vijay V.G., petitioner No.1, whose father is accused No.2/petitioner No.2 in the said petition. 4. So also, the aforesaid Dr.Lakshmi Vijay V.G. is the defacto complainant/respondent No.2 in connected matter i.e., W.P.No.16670/2023, in which the petitioner No.2/accused No.2 is the aforesaid Renjith V.S., and the petitioners/accused Nos.1, 3, 4 and 5, are the family members. 5. Learned counsel for the petitioners and learned counsel for the respondents in both the petitions jointly submit that cases and counter cases filed by each other may be quashed and both the petitions may be disposed of in accordance with law. 6. In view of the aforesaid submissions, I deem it just and appropriate to allow these petitions. Accordingly, I proceed to pass the following: ORDER i) Both the petitions are hereby allowed. ii) In Crl.P.No.6854/2024, the impugned proceedings in FIR in Crime No.564/2023 arising out of PCR No.330/2023 - 7 - HC-KAR NC: 2025:KHC:27709 CRL.P No. 6854 of 2024 C/W WP No. 16670 of 2023 registered by Suryanagar Police Station, Bengaluru on the file of IV Additional Civil Judge and JMFC Court, Anekal, Bengaluru Rural District, insofar as the petitioners are concerned are hereby quashed. iii) In W.P.No.16670/2023, the impugned proceedings in FIR in Crime No.218/2023 registered by Suryanagar Police Station, Bengaluru on the file of II Additional Civil Judge (Jr.Dn) and JMFC Court, Anekal, Bengaluru Rural District, insofar as the petitioners are concerned are hereby quashed. iv) It is made clear that the present order is restricted to present impugned proceedings and shall not affect or impact O.P.No.543/2023 or any other litigation between the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 8