Mrs Kamlalakshi G vs State By
2024 Latest Caselaw 27687 Kant

Karnataka High Court

Mrs Kamlalakshi G vs State By on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                             -1-
                                                         NC: 2024:KHC:47140
                                                     CRL.P No. 4974 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                          BEFORE
                     THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                        CRIMINAL PETITION NO. 4974 OF 2023
                BETWEEN:

                1.   MRS KAMALAKSHI G.,
                     W/O. SHIVA MURTHY
                     AGED ABOUT 54 YEARS,
                     KASABA HOBLI
                     CHANNARAYAPATNA TALUK
                     BYALADAKERE
                     GOLLARAHOSAHALLI
                     HASSAN - 573 116.

                2.   AJAY W.S.,
                     S/O SHIVA MURTHY
                     AGED ABOUT 27 YEARS
                     D.NO.149, ASHIRVAD NILAYA
                     NAGADEVANAHALLI KENGERI
                     BENGALURU -560 056.
                                                                 ...PETITIONERS
                (BY SRI. MANJUNATHA G.,ADVOCATE)

Digitally signed by AND:
KAVYA G
Location: High      1. STATE BY MANDYA WOMENS
Court of Karnataka
                       POLICE STATION, MANDYA.
                       REP BY SPP
                       HIGH COURT BUILDING
                       BENGALURU-560 090.
                       REPRESENTED BY STATE PUBLIC PROSECUTOR.

                2.   MRS.PRIYANKA M K,
                     W/O. ANUP W S,
                     AGED ABOUT 31 YEARS,
                     RESIDING AT NO. D. N.149,
                     ASHIRVAD NILAYA,
                     NAGADEVANAHALLI, KENGERI.
                     BENGALURU-560 056.
                                   -2-
                                            NC: 2024:KHC:47140
                                        CRL.P No. 4974 of 2023




       PRESENT ADDRESS.
       D. NO. 276, SHIVAGIRI NILAYA,
       VINAYAKA NAGARA, MANDYA.
                                                 ...RESPONDENTS
(BY SRI.RANGASWAMY R. HCGP FOR R1)

      THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
FIR IN CR.NO.30/2023 REGISTERED BY R1-MANDYA WOMEN POLICE
STATION BY THE COMPLAINT FILED BY R2 - MRS. PRIYANKA M.K.
FOR THE OFFENCE P/U/S 498A, 323, 504, 506, 34 OF IPC 1860, D.P.
ACT U/S 3, 4 PENDING FILE OF COURT OF ADDL. CIVIL JUDGE
(JR.DN.) AND JMFC COURT, MANDYA DIST. AT MANDYA, PENDING
DISPOSAL OF THE ABOVE PETITION, BY ALLOWING THE PRESENT
PETITION AND GRANT SUCH OTHER RELIF/S AS THIS HONBLE
COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE
APPEAL.

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

CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

Learned HCGP on instructions would submit that the

charges have been framed and the petition would not be

entertainable at this juncture.

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.

(1994) 4 SCC 142

NC: 2024:KHC:47140

3. Reserving liberty to the petitioners to avail of such

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

Sd/-

(M.NAGAPRASANNA) JUDGE

RU