IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8617/2015 BETWEEN K. VENKATESHAN, S/O LATE KANNAN, AGED ABOUT 39 YEARS, PERMANENTLY R/ AT NO.662, DR. B. R. AMBEDKAR NAGAR, ROBERTSONPET POST, K. G. F. -563 122 ... PETITIONER (BY SRI. B. V. PINTO, ADV.) AND MISS REENA, D/O LATE POOBALAN, AGED ABOUT 30 YEARS, R/AT :1467, BALAKRISHNA LAYOUT, MINI IBRAHIM ROAD, ROBERTSONPET POST, KGF-563 122 ... RESPONDENT (BY SRI. J. G. CHANDRAMOHAN, ADV.) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN DVC NO.6/2014 PENDING BEFORE THE ADDL. SR. CIVIL JUDGE AND JMFC, KGF.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and as well as the learned counsel for the respondent.
2. The respondent herein appears to have filed a Domestic Violence Case in DVC No.6/2014 before the Additional Senior Civil Judge and Principal JMFC at KGF on various grounds. The petitioner has also appeared before the trial Court and contested the proceedings.
3. In the meantime, the petitioner, by producing various documents along with this petition before this court, has sought for quashing of the entire proceedings in the said Domestic Violence case. Admittedly, the documents produced before this court should have been produced to establish the factual aspects in the case. Those documents have to be produced before the trial Court in accordance with law and the trial Court has to examine all those documents and thereafter appreciate those documents, after recording the evidence of all the witnesses.
4. In the above circumstances, when the parties have already before the trial Court contesting the matter, unless there is any legal bar or any legal impediment for the trial Court to proceed with, this court cannot simply quash such proceedings. However, it is made clear that the petitioner is at liberty to produce whatever the materials available with him, before the trial Court to establish his case.
5. With the above observation, the petition is disposed of. The trial Court is also hereby directed to dispose of the said case in DVC No.6/2014 as expeditiously as possible, preferably within six months from the date of receipt of a copy of this order.
6. The parties on both sides are hereby directed to co-operate with the trial Court for early disposal of the case. The petitioner is hereby directed to deposit the interim maintenance as ordered by the trial Court, before the trial Court itself and the respondent is at liberty to make an application for release of the said amount. If such an application is filed, the court has to hear the parties on both sides on such application and to pass appropriate orders.
Sd/-
JUDGE KGR*