Karnataka High Court
Sri N V Shekar Babu vs Smt. Suma on 10 December, 2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.7604 OF 2021
BETWEEN
Sri N.V.Shekar Babu,
Son of late N.V.Vishweshwara Rao,
Aged about 54 years,
Residing at No.106, Mahaveer Cornet,
Kengeri Upanagara,
Bangalore - 560 060. ...Petitioner
(By Sri N J Ramesh, Advocate)
AND
Smt.Suma,
Wife of N.V.Shekar Babu,
Aged about 49 years,
Residing at No.10, 6th Cross,
LIC Colony, 3rd Block, Jayanagara,
Bangalore - 560 001. ...Respondent
This Criminal Petition is filed under Section 482
Cr.P.C praying to set aside the impugned order dated
30.03.2021 passed in Crl.Misc.NO.555/2011 by the II-
MMTC, Bangalore passed on the application filed u/s 300 of
Criminal Procedure Code and allow the said application by
dismissing the prayers (a), (b) and (f) prayed for.
This Criminal Petition coming on for admission this
day, the court made the following:
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ORDER
Heard Sri N.J.Ramesh for the petitioner.
2. In this petition under section 482 Cr.P.C, the petitioner has sought to set aside the order dated 30.3.2021 passed by the Magistrate on the application made by the petitioner under section 300 Cr.P.C.
3. In the proceedings under section 12 of the Protection of Women from Domestic Violence Act, the petitioner made an application under section 300 Cr.P.C for dismissing the complaint in relation to certain reliefs. It is submitted by Sri N.J.Ramesh that the petitioner was tried for the offences under sections 498A, 504 and 506 IPC in C.C.11793/2012 and acquitted. In view of his acquittal, the petition against him does not survive as regards prayers (a), (b) and
(f) in the petition under section 12 of the Protection of Women from Domestic Violence Act.
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4. It is not disputed that the enquiry in the domestic violence case under section 12 is over and it appears that the petitioner has made an application under section 311 Cr.P.C for recalling RW1. Whatever may be the stage in the proceedings under the Domestic Violence Act but, certainly the order passed in C.C.11793/2012 has got a bearing on the proceeding under Domestic Violence Act for granting certain reliefs the second respondent has claimed. Therefore, notwithstanding dismissal of the application made by the petitioner under section 300 Cr.P.C, he can urge the ground of acquittal while arguing the case under the Domestic Violence Act on merits. Giving this liberty, the petition is dismissed.
Sd/-
JUDGE ckl