- 1 - HC-KAR NC: 2026:KHC:4010 CRL.RP No. 242 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 242 OF 2020 BETWEEN: SMT. VIJAYALAKSHMI SUBBARAJU SHETTY, W/O SRI M SUBBARAJU SHETTY, AGED ABOUT 70 YEARS, R/O FLAT NO.E-1, 106, BHARATNAGARA, 542, GRANT ROAD, MUMBAI - 400 007. …PETITIONER (BY SRI.S.P.KULKARNI, SR. COUNSEL FOR SRI.V.TUKARAMA RAO, ADVOCATE) AND: SRI HARINATH R. SHETTY, S/O LATE P.RAMACHANDRAIAH SHETTY, AGED ABOUT 50 YEARS, R/O NO.36, HARINIVAS, SOUTH END ROAD, BASAVANAGUDI, BENGALURU - 560 004. (SINCE DECEASED SOUGHT TO BE CONTINUED AS LR BY SRI HARINATH R SHETTY) …RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO (A)SET ASIDE THE ORDER DATED 13.01.2020 MADE IN CRL.RP NO.806/2015 Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4010 CRL.RP No. 242 of 2020 PASSED BY THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU.(B) RESTORE THE ORDER DATED 16.07.2015 MADE IN C.C.NO.23526/2007 PASSED BY THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the order dated 13.01.2020 passed in Criminal Revision Petition No.806/2015 by the Court of LXI City Civil and Sessions Judge, Bengaluru City. 2. Perusal of the material on record would go to show that private complaint in PCR.No.7890/2004 was filed before the Jurisdictional Court of Magistrate against the petitioner herein by one P.Ramachandraiah Shetty, who is her close relative. The Trial Court had initially referred the matter to the Jurisdictional Police for investigation under Section 156(3) of Cr.PC. The police - 3 - HC-KAR NC: 2026:KHC:4010 CRL.RP No. 242 of 2020 after conducting investigation had filed the B-final report in the case. The original complainant had opposed the B- final report. The Trial Court having rejected the B-final report had issued summons to the accused/petitioner and the case was numbered in C.C.No.23526/2007. 3. During the pendency of the proceedings, original complainant had died on 05.06.2010 and one Harinath R. Shetty, claiming to be the son of complainant had filed application under Section 302 of Cr.PC, to permit him to continue the proceedings. The said application was dismissed by the Trial Court by Order dated 16.07.2015 and the Revisional Court, vide the Order impugned has set aside the said Order and had permitted Harinath R.Shetty to continue the proceedings against petitioner and accordingly has remitted the matter. It is under these circumstances, petitioner is before this Court. 4. Petitioner is a lady aged about 70 years, who is a close relative of the original complainant. Dispute between - 4 - HC-KAR NC: 2026:KHC:4010 CRL.RP No. 242 of 2020 the parties appears to be purely civil in nature. It is under these circumstances, the police had filed a B-final report. However, the Trial Court having rejected the B-final report had issued summons to the petitioner. During pendency of the proceedings, original complainant had died. Harinath R Shetty, who claims to be the son of original complainant, had not produced any material before the Trial Court in support of his claim. It is under these circumstances, the Trial Court had rightly rejected his application. 5. The complaint is of the year 2004. Already 22 years have passed thereafter. Police after investigation had filed B-final report in the present case and a reading of the averments found in the private complaint would show that the dispute between the parties is purely civil in nature. Therefore, there is no purpose of in continuing the proceedings before the Trial Court. Under the circumstances, I am of the opinion, in the interest of justice, the order impugned needs to be set aside and - 5 - HC-KAR NC: 2026:KHC:4010 CRL.RP No. 242 of 2020 quietus has to be given to the pending case. Accordingly, the following: ORDER i. The Criminal revision petition is allowed. ii. The order dated 13.01.2020 passed in Criminal Revision Petition No.806/2015 by the Court of LXI City Civil and Sessions Judge, Bengaluru City is set aside. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 13