- 1 - NC: 2025:KHC-D:675 CRL.P No. 102561 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102561 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VIKRANT S/O. SHIVAJIGOUD PATIL AGE. 34 YEARS, OCC. PVT. JOB, R/O. DUNDAGI, TQ. GADAHINGALAJ, DIST. KOLHAPUR, MAHARASHTRA-416501. 2. MINAKSHI W/O. SHIVAJIGOUD PATIL AGE. 52 YEARS, OCC. HOUSEWIFE, R/O. DUNDAGI, TQ. GADAHINGALAJ, DIST. KOLHAPUR, MAHARASTRA-416501. 3. SHIVAJIGOUD S/O. SHANKARGOUD PATIL AGE. 60 YEARS, OCC. AGRICULTURE, R/O. DUNDAGI, TQ. GADAHINGALAJ, DIST. KOLHAPUR, MAHARASTRA-416501. …PETITIONERS (BY SRI. RAM P.GHORPADE, ADVOCATE) AND: SMT. JAYASHREE W/O. VIKRANT PATIL AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. SATTIGERI, TQ. YARAGATTI, DIST. BELAGAVI-591129. …RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, CALL FOR THE RELEVANT RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL MISC NO.240/2022 WHICH IS FILED ON 11.05.2022 U/SEC. 12(1), 18 AND 22 OF D.V. ACT WHICH IS PENDING BEFORE THE I ADDL. CIVIL JUDGE AND J.M.F.C. COURT SAUNDATTI BELAGAVI, AGAINST THE PETITIONERS/ RESPONDENT NO.1 TO 3. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:46 +0530 - 2 - NC: 2025:KHC-D:675 CRL.P No. 102561 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). 2. The respondent, who was served with notice, has remained absent and has therefore been placed ex parte. The respondent has filed the petition under Section 12 of the DV Act seeking protection and maintenance. 3. The petitioners’ contention is that the petition under Section 12 of the DV Act is not maintainable, as the marriage between petitioner No.1 and the respondent has been dissolved by the jurisdictional Court vide order dated 10.07.2023, which has attained finality. Therefore, the respondent is not entitled to relief under Section 12 of the DV Act. 4. Admittedly, the marriage between petitioner No.1 and the respondent has been dissolved by the jurisdictional Court, and the dissolution order has attained finality. Hence, the petition under Section 12 of the DV Act is not maintainable. 5. In light of the above, the petition is allowed. The impugned proceedings in Crl.Misc.No.240/2022 on the file of the learned I Addl. Civil Judge and JMFC, Saundatti, are hereby - 3 - NC: 2025:KHC-D:675 CRL.P No. 102561 of 2024 quashed. The petition filed under Sections 12(1), 18, and 22 of the DV Act is dismissed as not maintainable. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 11