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2025 Supreme(Online)(Kar) 28898

KARNATAKA HIGH COURT
MR S.R.KRISHNA KUMAR, J
MR. DIVAKAR SHETTY – Appellant
Versus
STATE BY HULIMAVU POLICE STATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BIPIN HEGDE
For the Respondents: SMT. RASHMI JADHAV, ADDL SPP

Table of Content
1. quashing of legal proceedings (Para 1 , 2)
2. factual background of complaints (Para 3 , 4)
3. analysis based on previous judgments (Para 5 , 6)
4. absence of necessary ingredients for charges (Para 7 , 9)
5. abuse of legal process in ongoing prosecution (Para 8 , 10)

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

"WHEREFORE, the Petitioner in the above case most respectfully prays that this Hon'ble Court be pleased to call for records in C. C. No. 34303/2021 and further be pleased to quash the proceedings before the Hon'ble IX Additional Chief Metropolitan Magistrate, at Bengaluru, in C.C. No. 34303/2021 [ANNEXURE - A], [Previously in V Additional Chief Metropolitan Magistrate] in the interest of justice and to prevent the abuse of the legal process."

2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is one of the residents of the residential apartment complex known as Hill Crest Hiranandani situated at Hulimavu, Akshay Nagar, Bengaluru-560 068. On 04.09.2021, the petitioner on behalf of the residents a

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