Petitioner filed a criminal petition under CrPC 482 to quash proceedings, despite a prior dismissed writ petition against him. Court dismissed the petition but granted liberty to withdraw it due to peculiar facts.
Liberty granted to withdraw the petition; petition dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.375 OF 2022
BETWEEN
ATMA SUDHIR SHETTY S/O SUDHIR PRASAD SHETTY AGED ABOUT 31 YEARS, OCC: BUSINESS R/AT NO.2-12-1029 ANUGRAHA BEHIND EVES BEAUTY PARLOUR OPP: BEJAI CHURCH MANGALORE-575004
... PETITIONER
[BY SRI. C.H. JADHAV, SENIOR COUNSEL FOR SRI. CHETAN JADHAV, ADV.]
AND
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... RESPONDENTS
[BY SRI.K.S. ABHIJITH, HCGP FOR R1 AND R2; SRI. IMRAN PASHA, ADV. FOR R3]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS CRL.P BY QUASHING THE IMPUGNED ORDER DATED 18.11.2021 PASSED BY THE LEARNED III-JMFC, MANGALORE IN C.C.NO.2740/2021 THEREBY TAKING COGNIZANCE AND DIRECTING PROCESS AGAINST THE PETITIONER OF THE OFFENCES ALLEGED IN THE COMPLAINT FILED BY THE RESPONDENT NO.1 AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 323, 498A OF IPC AND SEC.3, 4 OF D.P ACT AND QUASH THE ENTIRE PROCEEDINGS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court in a petition filed on 06.01.2022. The petitioner along with others had preferred Writ Petition No.14668/2018, which came to be dismissed against the husband - the present petitioner, on 09.12.2021 and allowed against all other members of the family.
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Accordingly, the petition is dismissed as
withdrawn.
The said order be communicated to the
respondents.
Sd/JUDGE
KG
3 issues framed by the court
Whether to grant leave to withdraw a criminal petition that was filed despite an earlier order dismissing a related writ petition against the same petitioner.
Whether to dismiss the criminal petition on the grounds of repetitive litigation and frequent filing.
Whether the peculiar facts of the case justify granting liberty to the petitioner to withdraw the petition.
1 provisions across 1 enactments
Atma Sudhir Shetty
State of Karnataka
Aishwarya Rai
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
