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2025 Supreme(Online)(Kar) 33525

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
GLADYS D ALMEIDA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. A. RAVISHANKAR, ADV.
For the Respondents:SRI. THEJESH P., HCGP, SRI. CYRIL PRASAD PAIS, ADVOCATE

Table of Content
1. overview of the case and key allegations (Para 1 , 3 , 4)
2. context of prior litigation and claims (Para 2 , 5)
3. delay in filing complaint as a critical factor (Para 6 , 7 , 10)
4. abuse of process through suppression of facts (Para 8 , 12)
5. quashing of fir based on previous litigation (Para 9 , 13 , 14)
6. final ruling on quashing the fir (Para 15 , 16)

CAV ORDER

2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent as well as learned counsel for respondent No.2 and perused the material on record.

The respondent No.2 filed the instant complaint against the petitioner-accused No.1 and other accused persons inter alia contending that she got married to one Everest Pereira on 22.10.1975 and they have two children from out of their wedlock. It was contended that her husband Everest Pereira was murdered on 14.09.2005, subsequent to which the petitioner-accused No.1, along with other accused persons committed the alleged offences, as a result of which, the complainant filed the instant complaint against them. In this context, the aforesaid complaint filed by respondent No.2 – de facto complainant reads as under:

1) The Commissioner of Police Poli

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