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2023 Supreme(Online)(KAR) 11408

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF JANUARY, 2023

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

WRIT PETITION No.6786 of 2021 (GM-RES)

BETWEEN

1 . MR. SATISH KUMAR NARANG

S/O LATE MR JASWANT SINGH

AGED ABOUT 66 YEARS

2 . MRS SAROJ NARANG

W/O MR SATISH KUMAR NARANG

AGED ABOUT 66 YEARS

BOTH ARE R/AT HOUSE NO.E-237

RADHA KRISHNA MANDIR MARG

AMAR COLONY

LAJPATH NAGAR-4

NEW DELHI-110024

INDIA

... PETITIONERS

(BY SRI P CHINNAPPA, ADVOCATE)

AND

MR. AMEET KKATYAL

S/O MR DEEPAK KATYAL

AGED ABOUT 39 YEARS

R/A B-2101

SALARPURIA MAGNIFICIA

OLD MADRAS ROAD

NEXT TO TIN FACTORY

BENGALURU-560016

KARNATAKA, INDIA

... RESPONDENT

(VIDE ORDER DATED 03.03.2022

NOTICE TO RESPONDENT IS EFFECTED)

2

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA READ WITH

SECTION 482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED

ORDER DTD 26.08.2019 IN C.C.NO.19448/2019, PASSED BY

THE LD. XVIII ADDL. CHIEF METROPOLITAN MAGISTRATE AT

BENGALURU VIDE ANNEX-A AND ETC.

THIS WRIT PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

A petition to quash criminal proceedings becomes infructuous if the underlying complaint is dismissed.

Headnote:

Finding of the Court:

The complaint filed by the respondent has been dismissed for non-prosecution.

Ratio Decidendi: Since the complaint has been dismissed, the question of quashing the criminal proceedings against the petitioner does not arise.

Final Decision: The petition is dismissed for having become infructuous.

Learned counsel for the petitioner submits the

certified copy of order sheet of trial court submits the very

complaint filed by the respondent has been dismissed for

non prosecution as on 9.12.2022.

2. In view of the dismissal of the very complaint

filed by the respondent, the question of quashing the

criminal proceedings against this petitioner does not arise.

Therefore the submission and order sheet produced by

learned counsel for the petitioner is placed on record.

3. The petition is dismissed for having become

infructious.

4. However liberty is granted to the petitioner to

approach this court, if so required.

Sd/-

JUDGE

AKV

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