Held that the criminal petition filed under Section 482 CrPC to quash proceedings is dismissed because the complaint lodged by the second respondent has been withdrawn, rendering the petition impermissible.
Petition dismissed as it does not survive for consideration following withdrawal of the complaint.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.1761 OF 2019
BETWEEN:
SRINIVASA, S/O LATE NAGANNA, AGED ABOUT 37 YEARS, R/AT NO.1072, 6TH CROSS RAJEEVANAGAR, MYSURU CITY, MYSURU-577 102. ...PETITIONER
(BY SRI LETHIF B, ADVOCATE)
AND:
S/O LATE NAGESH RAO, AGED ABOUT 39 YEARS, R/AT NO.100, HIGH TENSION ROAD, NEAR J S S SCHOOL, RAGHAVENDRANAGAR,
MYSURU-577 102. …RESPONDENTS
(BY SRI RENUKARADDHYA R.D, HCGP FOR R1, SRI K VIJAYA KUMAR, ADVOCATE FOR R2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.21/2018 (PCR NO.230/2017) FOR THE OFFENCE P/U/S 497 AND 498 OF IPC OF NAZARBAD POLICE STATION, ON THE PENDING ON THE FILE OF THE JMFC (III COURT) MYSORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed challenging the proceedings in Crime No.21/2018 (PCR No.230/2017) pending on the file of the JMFC (III Court), Mysore.
respondents submit that the complaint lodged by the 2nd respondent has been withdrawn.
The said submission is placed on record. In view of the
same, the petition is dismissed as it does not survive for consideration.
Sd/-
JUDGE
BKM
1 issue framed by the court
Whether the criminal proceedings survive for consideration after the withdrawal of the complaint by the second respondent.
2 provisions across 2 enactments
Srinivasa
The State of Karnataka
Sri Ramesh N
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
