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2024 Supreme(Online)(KAR) 20126

HIGH COURT OF KARNATAKA
MR JUSTICE S VISHWAJITH SHETTY, J
SHRI. JAYAS DAMODARAN – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
SRI DENIZEN COMATH, SMT. K.P. YASHODHA, HCGP FOR R-1

ORDER

1. Petitioners are before this Court with a prayer to quash the entire proceedings in PCR.No.3930/2023 pending before the Court of VII Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 494 , 506, 34 IPC .

2. Heard the learned Counsel for the petitioners.

3. Respondent herein has filed PCR.No.3930/2023 before the Court of VII Addl. Chief Metropolitan Magistrate, Bengaluru, against the petitioners herein under Section 200 of Cr.PC. The Trial Court after recording the sworn statement of the respondent-complainant, has taken cognizance of the alleged offences and directed the Registry to register a case against the petitioners for the aforesaid offences. Being aggrieved by the same, the petitioners are before this Court.

4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that the alleged offence prima facie do not get attracted against the petitioners on the allegations made and there is no material to show that the petitioner no.1 has legally married petitioner no.2. He submits that though petitioner no.1 admits that a child is born to him through petitioner no.2, the same is not sufficient to prove th

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