IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.7478 OF 2019 BETWEEN:
1. SRI.L.G.DARSHAN S/O.Y.GOPALASHETTY SHRESTI AGED ABOUT 28 YEARS R/AT.SRI.PAAVAMANA KALAPAA NO.942/G VINAYAKA NAGAR 6TH BLOCK, 6TH CROSS KAMPLA, HOSPET TALUK BELLARY DISTRICT – 583 201.
2. SMT.JALAJAKSHI W/O.Y.GOPALASHETTY SHRESTI AGED ABOUT 55 YEARS R/AT.SRI.PAAVAMANA KALAPAA NO.942/G VINAYAKA NAGAR 6TH BLOCK, 6TH CROSS KAMPLA, HOSPET TALUK BELLARY DISTRICT – 583 201.
3. SRI.Y.GOPALASHETTY SHRESTI S/O.LATE BHEEMASENA SHETTY AGED ABOUT 62 YEARS R/AT.SRI.PAAVAMANA KALAPAA NO.942/G VINAYAKA NAGAR 6TH BLOCK, 6TH CROSS KAMPLA, HOSPET TALUK BELLARY DISTRICT – 583 201.
4. L.G.DIVYA W/O.VIKAS AGED ABOUT 25 YEARS R/AT.SRI.RAMA NILAYA NO.35/7, 4TH MAIN 6TH CROSS, MCC ‘B’ BLOCK DAVANGERE – 577 404 ... PETITIONERS (BY SRI PRASAD K.R.RAO, ADV., FOR SMT.M.INDIRA PRIYA DHARSHINI, ADV.,) AND:
SMT.SAHANARAVI @ SANJANA W/O.SRI.G.DARSHAN AGED ABOUT 25 YEARS R/AT.SRI.PAAVAMANA KALAPAA NO.942/G VINAYAKA NAGAR 6TH BLOCK, 6TH CROSS KAMPLA, HOSPET TALUK BELLARY DISTRICT – 583 201.
…RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 22.08.2019 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, ARKALGUDU AND SUBSEQUENTLY TO QUASH FURTHER PROCEEDINGS IN CRL.MISC.NO.411/2019 IN SO FAR AS THE PETITIONER ARE CONCERNED PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC, ARKALGUDU AS PER ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have questioned the validity of the order dated 22.08.2019 passed by the learned Civil Judge and JMFC, Arkalgudu and further sought for quashing further proceedings in Crl.Misc.No.411/2019 on the file of Civil Judge and JMFC, Arkalgudu.
2. Learned counsel for the petitioners vehemently contended that complainant’s applications are not in terms of Rule 6 of the Protection of Women from Domestic Violence Rules 2006. Consequently, the complaint filed by the complainant is liable to be rejected. The petitioners have appeared before the court below without apprising that complainant’s complaint is not in terms of the aforesaid provision and without filing objection, the petitioners have rushed to this Court. In the circumstances, petitioners are hereby directed to file necessary objections before the court below in the aforesaid case.
With the aforesaid observations, petition stands disposed of.
In the event of filing of objections on behalf of petitioners, the Court below is hereby directed to consider each of the objection to be raised by the petitioners and pass appropriate orders, in accordance with law..
Sd/- JUDGE HJ