- 1 - HC-KAR NC: 2026:KHC:14694 CRL.P No. 10981 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10981 OF 2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI. MUZAMMIL PASHA S/O CHAND PASHA, AGED ABOUT 33 YEARS, R/AT NO.U/41, 9TH MAIN ROAD, PADARAYANAPURA, NEAR GOVT. ELECTRIC FACTORY, BENGALURU 560026 …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. SMT. NAZIYA BANU W/O MUZAMMIL PASHA, AGED ABOUT 26 YEARS, R/AT NO.U/41, 9TH MAIN ROAD, PADARAYANAPURA, NEAR GOVT., ELECTRIC FACTORY, BENGALURU 560026 2. BABY KUBRA FATHIMA D/O MUZAMMIL PASHA, AGED ABOUT 4 YEARS, R/AT NO.U/41, 9TH MAIN ROAD, PADARAYANAPURA, NEAR GOVT., ELECTRIC FACTORY, BENGALURU 560026 MINOR REP BY NATURAL GUARDIAN MOTHER I.E., 1ST RESPONDENT 3. BABY BUSHRA FATHIMA D/O MUZAMMIL PASHA, AGED ABOUT 2 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14694 CRL.P No. 10981 of 2023 R/AT NO.U/41, 9TH MAIN ROAD, PADARAYANAPURA, NEAR GOVT., ELECTRIC FACTORY, BENGALURU 560026 MINOR REP BY NATURAL GUARDIAN MOTHER I.E., 1ST RESPONDENT …RESPONDENTS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CRL.MISC.NO.84/2022 ON THE FILE OF M.M.T.C. - VI COURT, BENGALURU AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The first respondent is the wife. Respondents No.2 and 3 are the children born from the wedlock of the petitioner and the first respondent who are now 4 years and 2 years. The wife institutes proceedings before the concerned court invoking the provisions of the Protection from Domestic Violence Act. 2. The perusal at the complaint so registered would indicate that it is appended with several applications seeking maintenance from the hands of the husband. - 3 - HC-KAR NC: 2026:KHC:14694 CRL.P No. 10981 of 2023 3. The learned counsel for the petitioner submits that the wife has also instituted proceedings or registered a complaint against the petitioner in which charge sheet is filed against the petitioner, husband and other accused. Therefore, these proceedings must be stayed. Filing of a proceeding and invoking provisions under Section 498A would not halt the proceedings before the concerned court, invoking provisions of the Domestic Violence Act, particularly if the proceeding is for the purpose of grant of maintenance or shared house hold as the case would be. No order is passed that would entail the petitioner to approach this Court calling the proceedings in question. 4. Reserving liberty to the petitioner to approach the appropriate Forum, in the event, any order is passed that would be against him, the petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE HR