IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH
ON THE 05 T H DAY OF A PRIL 2018
THE HON’BLE MR. JUSTICE K .N . PHA NEENDRA
CRIMINAL PETITION NO.100827/ 2017 ( 482)
VENKATESH S/O V ISHNU MAHAJAN,
AGE : 51 YEARS, OCC: SERVICE,
R/O VIVEKANAND NAGAR,
4 T H CROSS, GOKA K.
(BY SRI M.B.GUND AWADE, ADV OCAT E)
1. STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUT OR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, AT DHARWAD .
THROUGH GOKAK POLI CE.
2. MADHAVI W/O V ENKATESH MAHAJA N,
AGE : 47 YEARS, OCC: HOUSE HOLD WORK ,
R/O VIVEKANAND NAGAR, 4 T H CROSS ,
GOKAK, DIST : BELAGAVI.
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R.1)
(BY SMT.MADHAVI V.MAHAJAN : PARTY IN PERSON)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CODE OF CRIMINAL PROCEDURE,
1973 PRAYING TO QUAS H THE ENTI RE PROCEEDINGS
AGAINST THE PET ITIONER IN C.C.N O.1789/2014, ON
THE FILE OF PRIN CIPAL JMFC COURT, GOKAK, F OR THE
ALLEGED OFF ENCES U/SEC, 498A, 323, 504, 506 R/W
SECTION 34 OF I PC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
Heard the learned counsel for the petitioner
and the respondent and perused the records.
2. After hearing, the court found, no
sufficient grounds to interfere with the
proceedings before the Trial Court. The learned
counsel for the petitioner seeks permission to
withdraw the petition with liberty to file
appropriate application under Section 239 of the
Criminal Procedure Code before the Trial Court for
3. The 2nd respondent Smt.Madhavi who
actually moved the court for appropriate orders is
personally present before this court and submitted
that, in the event the petitioner filing any
application for his discharge, a direction may be
issued to the trial court to give notice to her and
to file objections to the said application and after
hearing both the parties particularly the petitioner
herein and the 2 n d respondent who is a de-facto
complainant before the trial court and thereafter
the trial court has to pass an appropriate orders in
accordance with law. In view of the above said
submissions, the following order is passed.
Criminal petition is dismissed with liberty to
the petitioner to approach the trial court if need
arises for his discharge under Section 239 of the
Criminal Procedure Code, in that eventuality, the
trial court is hereby directed to give opportunity to
the 2 n d respondent herein (de-facto complainant
before the trial court Smt.Madhavi) to file her
objections to the said application and thereafter
hearing both the parties, the said application has
to be disposed of in accordance with law as
expeditiously as possible.
E M/ –