The High Court upheld the objection that the family court order regarding maintainability was not quashable under Section 482 Cr.P.C. The petitioner was allowed to withdraw the petition with liberty to file a writ.
Petitioner permitted to withdraw the petition reserving liberty to file a writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 102767 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102767 OF 2022
BETWEEN:
A SAMPATH KUMAR S/O A VEERANNA AGE. 35 YEARS, OCC. SERVICE, R/O. HOUSE NO.2-615/A, MONDINABAD RAILWAY QUARTERS GUNTAKAL, DISTRICT ANANTHAPUR, ANDRA PRADESH …PETITIONER (BY SRI. ARUN L.NEELOPANT, ADVOCATE)
AND:
SMT. RAMYA W/O A SAMPATH KUMAR AGE. 30 YEARS, R/O. INDRA NAGAR, BALLARI-583101.
…RESPONDENT
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 25.07.2022 PASSED ON IA NO.1 IN CRIM.MISC.123/2021, ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT, BALLARI PASSED ON MAINTAINABILITY OF THE PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 102767 of 2022
ORDER
Office objection regarding maintainability is upheld.
The petitioner is permitted to withdraw this petition reserving liberty to file a writ petition. The petition stands disposed of accordingly.
Registry to return the certified copies of the impugned order and other documents to the learned counsel for the petitioner by retaining photo copies of the same.
Sd/JUDGE
KMS
List No.: 1 Sl No.: 19
2 issues framed by the court
Whether the criminal petition for quashing the family court order on the ground of maintainability should be allowed.
Whether the petitioner should be permitted to withdraw the petition while reserving liberty to approach the higher court.
1 provisions across 1 enactments
A SAMPATH KUMAR S/O A VEERANNA
SMT. RAMYA W/O A SAMPATH KUMAR
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
