IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6674 OF 2013 BETWEEN:
1. S. AVTAR SINGH S/O LATE S. SURINDER SINGH AGED 67 YEARS 2. MRS. DR. SURJIT KAUR W/O S. AVTAR SINGH, AGED 65 YEARS BOTH ARE RESIDING AT BLOCK-C HOSUE NO.2281, RANJIT AVENUE AMRITSAR-143001, PUNJAB.
(BY SRI.J PRAKASH, ADVOCATE) AND:
... PETITIONERS SMT. HARLEEN KAUR W/O RAMNIK SINGH AGED ABOUT 36 YEARS R/O G-02, GROUND FLOOR, STARWBERRY APARTMENTS 13TH MAIN, 8TH CROSS, HAL 2ND STAGE BANGALORE – 560 008.
(BY SRI.G R PRAKASH, ADVOCATE - ABSENT) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS WHICH IS PENDING FOR TRIAL ON THE FILE OF THE M.M.T.C.-I, MAYO HALL, BANGALORE IN CRL. MISC. NO.139/2013.
THIS CRIMINAL PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioners and perused the records.
Counsel for respondent No.2 is absent and he has not addressed any arguments.
2. The main contention of the learned counsel for petitioners is that the petitioners herein were never in domestic relationship with the respondent and therefore, the petition filed against them is not maintainable and amounts to abuse of process of court.
3. On going through the petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 by the respondent, it is noticed that respondent has claimed a relief in respect of assets standing in joint or individual name of the petitioners including stridhan and the household articles given at the time of marriage. The said relief cannot be adjudicated in the absence of the petitioners.
4. In view of the submission of learned counsel for petitioners that the property described in Para 6 of the petition viz., Row House Villa at Old Airport Road, Bangalore does not belong to the petitioners, liberty is reserved to the petitioners to seek for discharge on the said ground. In that event, the trial Court shall consider the document relating to the above property and if the same do not stand in the name of the petitioners, the trial court shall discharge the petitioners as there are no other allegations against the petitioners constituting the offence under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
5. With these observations, the petition stands disposed of.
The trial Court shall consider the exemption application if any filed by the petitioners favourbly.
Sd/- JUDGE Prs*