Prabhuswamy C vs State Of Karnataka
2024 Latest Caselaw 26109 Kant

Karnataka High Court

Prabhuswamy C vs State Of Karnataka on 4 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                 -1-
                                                             NC: 2024:KHC:44119
                                                         CRL.P No. 9481 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                              BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                             CRIMINAL PETITION NO. 9481 OF 2024

                   BETWEEN:

                   1.    PRABHUSWAMY C
                         S/O CHIKKAMADAIAH,
                         AGED ABOUT 39 YEARS,
                         R/AT AMBEDKAR STREET, KESTHURU GRAMA,
                         YALANDURU TALUK, CHAMARAJANAGAR DISTRICT,
                         KARNATAKA - 571 441.

                   2.   RUDRAMMA
                        W/O CHIKKAMADAIAH,
                        AGED ABOUT 65 YEARS,
                        R/AT AMBEDKAR STREET, KESTHURU GRAMA,
                        YALANDURU TALUK, CHAMARAJANAGAR DISTRICT,
                        KARNATAKA - 571 441.
                                                               ...PETITIONERS
                   (BY SRI. M. SHARASS CHANDRA, ADVOCATE)
Digitally signed   AND:
by NAGAVENI
Location: HIGH
COURT OF           1.    STATE OF KARNATAKA BY
KARNATAKA                CHAMARAJANAGAR WOMEN P.S.,
                         REP. BY SPP, HIGH COURT OF KARNATAKA,
                         BENGALURU - 560 001.

                   2.   B. PALLAVI,
                        W/O PRABHUSWAMY C,
                        AGED ABOUT 26 YEARS,
                        R/AT TAGARAPURA VILLAGE, KOLLEGALA TALUK
                        CHAMARAJANAGARA DISTRICT,
                        KARNATAKA - 571 440.
                                                                ...RESPONDENTS
                   (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
                                    -2-
                                                NC: 2024:KHC:44119
                                          CRL.P No. 9481 of 2024




      THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) OF
CR.P.C PRAYING TO QUASH THE PROCEEDING AGAINST THE
PETITIONER NO.1 AND 2 / ACCUSED NO. 1 AND 2 IN C.C.NO.
902/2022 OF R-1 PS AT CHAMARAJANAGAR REGISTERED FOR
OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 506, 114 R/W
34 OF IPC AND UNDER SECTION 3, 4 OF DOWRY PROHIBITION ACT
WHICH IS PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE AND JMFC COURT AT CHAMARAJANAGARA.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                             ORAL ORDER

Learned Additional State Public Prosecutor on instructions

would submit that the charges have been framed and the

matter is set at the stage of evidence.

2. In the light of the charges being framed, the

entertainment of the petition will run foul of the judgment of

the Apex Court in the case of Minakshi Bala v. Sudhir Kumar1.

3. Accused No.2 is said to be 65 years old. In that

light, I deem it appropriate to exempt the appearance of

accused No.2 before the concerned Court for further

(1994) 4 SCC 142

NC: 2024:KHC:44119

proceedings, as charges have already framed and the trial is

on.

4. Reserving liberty to the petitioners to avail of such

remedy, as is available in law, the petition stands disposed.

Ordered accordingly.

Sd/-

(M.NAGAPRASANNA) JUDGE

KG

CT: BHK