IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3922 OF 2014 BETWEEN:
1. SRI. SANJAY KUMAR S/O JAYAPALAN, AGED ABOUT 32 YEARS, 2. SMT.MOHAN PREMA W/O JAYAPALAN, AGED ABOUT 62 YEARS, 3. SRI. JAYAPALAN S/O LATE M. VELLAI, AGED ABOUT 67 YEARS, 4. SMT. GAYATHRI D/O SRI JAYAPALAN, AGED ABOUT 35 YEARS, PETITIONERS 1 TO 4 ARE RESIDING AT NO.1181, 8TH CROSS, RAMAIAH LAYOUT, KAMMANAHALLI, BENGALURU-560043 5. SRI SRINIVAS @ SRINIVASAN S/O LATE M. VELLAI, AGED ABOUT 74 YEARS, 6. SRI SELVAM @ SELVARAJ S/O LATE M. VELLAI, AGED ABOUT 61 YEARS, PROPER & PRESENT ADDRESS OF PETITIONERS NO.5 AND 6 ARE RESIDING AT NO. 1102, D.J HALLI MAIN ROAD, PERIYARANAGAR, BANGALORE 560005. ... PETITIONERS (BY SRI: AMARESH A ANGADI, ADVOCATE) AND 1. SMT. GAYATHRI W/O. SANJAY KUMAR, AGED ABOUT 28 YEARS, RESIDING AT NO.153, RAJESHKUMAR NILAYAM, 4TH CROSS, BRUNDAVAN LAYOUT, VIJINAPURA, BANGALORE 560016.
2. STATE OF KARNATAKA BY ITS PROTECTION OFFICER DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, M.S.BUILDING VIDHANA SOUDHA, BANGALORE-560001. ... RESPONDENTS (BY SRI: UMESH B.N. ADVOCATE FOR R1;
SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT IN CRL.MISC.NO.30/14 ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, TRAFFIC COURT-VI, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent No.1 married petitioner No.1(accused No.1) on 11.4.2010. She deserted petitioner No.1 in the month of October 2012. Petitioner No.1 instituted a proceeding for divorce in M.C.No.1834/2013 on 25.4.2013 under Section 13(i)(a) and (b) of Hindu Marriage Act, 1955. During the pendency of the said proceedings, respondent No.1 filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking reliefs from the petitioners herein under Sections 18, 19 and 22 of the said Act.
2. On entertaining the petition, further proceedings against petitioners No.2, 4 to 6 were stayed by this Court and the proceedings against petitioner No.1 (accused No.1) and petitioner No.3(accused No.3) continued and a final order has been passed by the VI Metropolitan Magistrate Court at Bengaluru directing petitioner No.1 (accused No.1) to pay maintenance of Rs.5,000/- per month to the respondent No.1. It is stated that the said matter is pending in appeal before the Sessions Court in Bengaluru.
3. Having regard to the above facts, the proceedings against petitioners Nos.2 and 4 to 6 do not require to be continued. That apart, no effective relief has been claimed against the petitioners under the provisions of the Domestic Violence Act. Petitioner Nos.5 and 6 are the distant relatives of petitioner No.1 and they are not liable to answer the claim of respondent No.1. There are no specific allegations whatsoever against petitioner Nos.2 and 4 warranting their prosecution under Section 12 of the Domestic Violence Act. Consequently, prosecution of petitioner Nos.2, 4 to 6 being an abuse of process of Court, in order to secure the interest of justice, petition is allowed in part. The proceedings initiated against the petitioners No.2, 4 to 6 in Crl.Misc.No.30/2014 are hereby quashed.
Sd/- JUDGE bkp