IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.774/2015 BETWEEN:
SRI M.K.NEELAKANTA AGED 58 YEARS, S/O LATE M.KRISHNAPA, FORMERLY RESIDING AT NO.82, VEERAPILLAI STREET, BENGALURU-560 002 AND PRESENTLY RESIDING AT TULSAMMA LAYOUT NO.204, SULTAN PALAYA, R.T. NAGAR, BENGALURU.
…PETITIONER (BY SMT. NIRMALA SURESH, ADVOCATE-ABSENT) AND:
SMT. REVATHI AGED ABOUT 49 YEARS, W/O OF THE PETITIONER, D/O LATE MUNIVEERAPPA, RESIDING AT NO.82, VEERAPILLAI STREET, BENGALURU-560 002.
(BY SRI GIRIDHAR H., ADVOCATE-ABSENT) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.205/2014, PENDING BEFORE THE VI-MMTC COURT, BENGALURU CITY ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner is absent. I have perused the records.
2. Petition is filed under Section 482 of Cr.P.C. The relief claimed in the petition is to call for records relating to Crl.Misc.No.205/2014 and to quash the entire proceedings pending before the VI Magistrate Metropolitan Traffic Court, Bengaluru City. The said proceedings were initiated against the petitioner based on the complaint filed by the respondent under Section 12 r/w. Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’).
3. The only ground urged in the petition is that, a civil suit is pending in O.S.No.6592/2009, wherein, a decree has been passed awarding 1/6th share to the petitioner in the suit properties and a final decree proceedings in respect of the said properties is pending in FDP No.202/2011. Further, it is contended that the matrimonial proceedings are also pending between the parties in M.C.No.2055/2014.
4. The pendency of the above proceedings do not debar the respondent from seeking appropriate relief under the provisions of the Act. Therefore, I do not find any justifiable reason to exercise the discretion in the instant set of facts. The petitioner has not made out any ground to admit the petition. Accordingly, the petition is dismissed.
In view of dismissal of the petition, I.A.No.1/2015 do not survive for consideration and the same stands disposed of.
Sd/- JUDGE nvj