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2026 DAILYLAW 17774 (KAR)

SHEETAL SAWARTHIA CHAUHAN v. SHAMBHAV JITENDRA CHAUHAN

CRL.RP/957/2025 · 2026-05-19

K V Aravind

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 6026 OF 2025 (GM-RES) C/W CRIMINAL REVISION PETITION No. 957 OF 2025 IN WP No. 6026/2025 BETWEEN: 1. JITENDRA CHAUHAN AGED ABOUT 65 YEARS SON OF SHRI CHIMANLAL CHAUHAN R/AT 7/A, GALA AURAM MUMATPURA, S G HIGHWAY AHMEDABAD - 380 058 GUJARAT, INDIA. 2. VENU JITENDRA CHAUHAN AGED ABOUT 65 YEARS W/O SHRI JITENDRA CHAUHAN R/AT 7/A, GALA AURAM MUMATPURA S G HIGHWAY AHMEDABAD - 380 058 GUJARAT, INDIA. 3. SHAMBHAV JITENDRA CHAUHAN AGED ABOUT 37 YEARS S/O SHRI JITENDRA CHAUHAN R/AT 7/A, GALA AURAM MUMATPURA, S G HIGHWAY AHMEDABAD - 380 058 GUJARAT, INDIA. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 4. SHIVANKARI SINGHI AGED ABOUT 30 YEARS DAUGHTER OF SHRI JITENDRA CHIMANLAL CHAUHAN WIFE OF SHRI PRATEEK SANDEEP SINGHI R/AT SUNDARVAN EPITOME B-1102 AND 1202, OPP. STAR BAZAAR SATELLITE, AHMEDABAD - 380 015 GUJARAT, INIDA. …PETITIONERS (BY SRI. SHRAVANTH ARYA TANDRA, ADVOCATE) AND: 1. SHEETAL SAWARTHIA AGED ABOUT 37 YEARS D/O SHRI JAGADISH SAWARTHIA R/AT NO.132, ASTER TOWER-1 3RD FLOOR, EMBASSY PRISTINE APARTMENT, BELLANDUR, IBLUR VILLAGE, BENGALURU - 560 103 KARNATAKA, INDIA. 2. UNION OF INDIA MINISTRY OF LAW AND JUSTICE THROUGH THE SECRETARY (LEGISLATIVE DEPARTMENT) 4TH FLOOR, 'A' WING, SHASTRI BHAWAN, NEW DELHI - 110 001. 3. UNION OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT THROUGH THE SECRETARY GOVERNMENT OF INDIA, SHASTRI BHAWAN NEW DELHI - 110 001. 4. STATE OF KARNATAKA THROUGH THE SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT 3RD GATE, GROUND FLOOR - 3 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU - 560 001. 5. STATE OF KARNATAKA THROUGH THE DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT 3RD FLOOR, PWD BUILDING, ANAND RAO CIRCLE BENGALURU - 560 009. 6. STATE OF KARNATAKA ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT, ROOM NO.222, II FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FPR R4 TO R6; SRI. ABHIRUP PAUL BANGARA, ADVOCATE FOR R1; SMT. MANASI KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ISSUING SUMMONS DATED 30.09.2023 IN CRIMINAL MISCELLANEOUS PETITION No.175/2023 UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ON THE FILES OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT-1, AT MAYO-HALL, M.G. ROAD, BENGALURU AND ALL CONSEQUENT PROCEEDINGS (ANNEXURE-A) ARISING THEREFROM WHICH ARE PENDING AGAINST THE PETITIONERS THAT HAS BEEN INITIATED ON THE BASIS OF A COMPLAINT DATED 18.08.2023 FILED BY THE RESPONDENT No.1 (ANNEXURE-B) AND ETC,. IN CRL.RP No. 957/2025 BETWEEN: 1. SHEETAL SAWARTHIA CHAUHAN, AGED ABOUT 37 YEARS, WIFE OF SHAMBHAV JITENDRA CHAUHAN, - 4 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 RESIDING AT NO.132, ASTER TOWER-1, 3RD FLOOR, EMBASSY PRISTINE APARTMENT, BELLANDUR, IBLUR VILLAGE, BENGALURU - 560 103. ...PETITIONER (BY SRI. ABHIRUP PAUL BANGARA, ADVOCATE) AND: 1. SHAMBHAV JITENDRA CHAUHAN AGED ABOUT 37 YEARS, SON OF JITENDRA CHIMANLAL CHAUHAN, RESIDING AT 7/A, GALA AURAM, MUMATPURA, SG HIGHWAY, AHMEDABAD - 380 058 GUJARAT. ...RESPONDENT (BY SRI. SHRAVANTH ARYA TANDRA, ADVOCATE) THIS CRL.RP FILED U/S 438 R/W SECTION 442 OF BNSS, 2023 PRAYING TO QUASH AND/OR SET ASIDE THE IMPUGNED JUDGMENT DATED 11.03.2025 PASSED BY THE HON'BLE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (MAYO HALL) (CCH-73) IN CRL.APPRAL No.25408/2024 PRODUCED AT ANNEXURE-A AND CONFIRM THE ORDER DATED 15.11.2024 PASSED BY THE HON'BLE JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-I) (MAYO HALL) ON THE PETITIONERS INTERIM APPLICATION U/S 20 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 IN CRL.MISC.No.175/2023 (PRODUCED AT ANNEXURE-B) AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 5 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 ORAL ORDER Heard Sri Shravanth Arya Tandra, learned counsel appearing for the petitioners; Sri Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent Nos.4 to 6; Sri Abhirup Paul Bangara, learned counsel appearing for respondent No.1; and Smt. Manasi Kumar, learned counsel appearing for respondent Nos.2 and 3. 2. The present petition is filed by the petitioners challenging the proceedings in Crl.Misc.No.175/2023 pending on the file of the Metropolitan Magistrate Traffic Court-I, Mayohall, Bengaluru, instituted under Section 12 of the Protection of Women from Domestic Violence Act, 2005, along with consequential reliefs. 3. It is submitted that petitioner No.3 and respondent No.1 have amicably settled their matrimonial dispute through mediation before the Family Court. It is further submitted that both parties have agreed to close the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005, as one of the terms of the settlement. - 6 - HC-KAR NC: 2026:KHC:24855 WP No. 6026 of 2025 C/W CRL.RP No. 957 of 2025 4. The appearance of the parties and their consent for closure of the proceedings have been recorded by this Court in Writ Petition No.15693/2026, which has been disposed of today. 5. In light of the observations made and the consent recorded in the aforesaid writ petition, the present writ petition is disposed of by quashing the proceedings in Crl.Misc.No.175/2023 and the consequential proceedings in Criminal Appeal No.25346/2025, Criminal Appeal No.25408/2024, Criminal Miscellaneous Case No.266/2025. 6. In light of the order passed in Writ Petition No.6026/2025, learned counsel appearing for the parties jointly submit that Criminal Revision Petition No.957/2025, filed by the wife/respondent No.1, would not survive for further consideration. Accordingly, the same is dismissed as not surviving for consideration. Pending interlocutory application(s), if any, stand disposed of. SD/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 0