IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1856 OF 2017 BETWEEN:
V.G.TALAWAR S/O LATE G.TALWAR AGED 67 YEARS OFFICERS QUARTERS REVA UNIVERSITY CAMPUS “RUKMINI KNOWLEDGE PARK”
BENGALURU – 560 064. ...PETITIONER (BY SRI S.G.BHAGAVAN, ADVOCATE) AND:
1. SMT.SARITHA W/O DR.VIJAYA KUMAR 36 YEARS, NO.315, 17TH CROSS 15TH MAIN, VIJAYANAGAR II STAGE MYSURU – 570 017 2. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER JAYALAKSHMIPURAM POLICE STATION MYSURU – 570 009. ...RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R2; R1-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS CULMINATING IN THE ORDER DATED 06.01.2017 INCLUSIVE OF THE SAID ORDER, PASSED BY THE COURT OF THE IV ADDL. I CIVIL JUDGE (JR.DN.) AND JMFC, MYSURU IN C.C.NO.1218/2012 IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is accused No.2 in the charge sheet filed against him and accused No.1 in C.C.No.1218/2012 for the offence under Section 354 of IPC.
2. When the matter was taken up for hearing, the learned Counsel for the petitioner has produced a copy of the order passed by this Court in Criminal Petition No.8528/2017 dated 6.12.2017 along with a memo. A reading of the memo discloses that respondent No.1 herein has filed an affidavit in the above proceedings stating that she had no objection to quash the entire proceedings pending against accused No.1. Accordingly, the entire proceedings in C.C.No.1218/2012 pending on the file of IV Addl.Civil Judge and JMFC., Mysuru, for the offences punishable under Sections 107, 354 read with Section 34 of IPC, were quashed.
3. The only allegation made against the petitioner is that when respondent No.1 complained of the alleged misbehaviour of accused No.1, the petitioner herein being the Vice Chancellor of the University did not take any action and thereby harassed the complainant. Since the proceedings against the first accused have been quashed, the allegations leveled against the petitioner cannot be sustained.
Consequently, the petition is allowed. The proceedings against the petitioner herein in C.C.No.1218/2012 pending on the file of IV Addl.Civil Judge and JMFC., Mysuru, are hereby quashed.
Sd/- JUDGE KNM/-