IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8005 OF 2015 BETWEEN:
SRI AKSHAT BHARGAVA S/O SRI SUNEET BHARGAVA, AGED ABOUT 27 YEARS, R/AT NO.14, SULABH VIHAR, GALIANA ROAD, AGRA, UTTAR PRADESH-505866. ... PETITIONER (BY SRI: NARENDRA S, ADVOCATE) AND 1. THE STATE BY ULSOOR POLICE STATION BANGALORE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
2. SRI CHARUL KUMAR BHARGAVA S/O LATE D N BHARGAVA, AGED ABOUT 37 YEARS, R/AT NO.18/2, 2ND CROSS, CAMBRIDGE ROAD, ULSOOR ROAD, BANGALORE-560008. ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SOWRABH KUMAR PANDEY, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.01.2013 PASSED BY THE X-ADDL. C.M.M., MAYOHALL, BENGALURU IN P.C.R.No.32/2011 (C.C.No. 22118/2013) OF THE SAID CASE AND ALLOW THIS PETITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and learned SPP-II for respondent No.1.
Learned counsel for respondent No.2 is absent.
The petitioner has sought to quash the order dated 19.01.2013 passed by the X Addl. CMM, Bengaluru in PCR No.32/2011(C.C.No.22118/2013), whereby the learned Magistrate has taken cognizance of the offences under Sections 497 and 498 Indian Penal Code and issued summons to the petitioner. As section 497 Indian Penal Code is declared unconstitutional, the prosecution of the petitioner for the said offence is not maintainable.
2. The complaint does not contain any allegations attracting the ingredients of offence under Section 498 Indian Penal Code. Consequently, the prosecution of the petitioner for the offence under Section 498 Indian Penal Code is unsustainable.
3. Accordingly, the petition is allowed. The proceedings initiated against the petitioner in P.C.R.No.32/2011 (C.C.No.22118/2013) on the file of X Addl. Chief Metropolitan Magistrate, Bengaluru for the offence punishable under section 498 IPC is quashed.
Sd/- JUDGE *mn/-