The High Court dismissed a criminal petition filed under Section 482 Cr.P.C. for quashing an FIR as not pressed due to the petitioners' request to withdraw and file a fresh petition.
Petition dismissed as not pressed; liberty granted to file fresh 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.
NC: 2023:KHC-D:12754 CRL.P No. 101376 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101376 OF 2021
BETWEEN:
UTTARAKANNADA DISTRICT-581353.
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.03 10:57:23 +0530
(BY SRI. KIRAN KUMAR H., ADVOCATE)
AND:
(BY SRI. P.N. HATTI, HCGP FOR R1;
SMT. PADMAJA S. TADAPTRI, ADVOCATE FOR R2)
NC: 2023:KHC-D:12754 CRL.P No. 101376 of 2021
THIS CRIMINAL PETITION FILED U/S 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR IN CONNECTION WITH CRIME NO.41/2021, DATED 01/03/2021 UNDER SECTIONS 498A, 323 AND 504 R/W 34 OF IPC R/W SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT AND SECTION 3(1)(r)(s), 2(va) OF THE SC AND ST (PA) AMENDMENT ACT, 2015, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE AT UTTARA KANNADA, DIST. KARWAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioners files a memo seeking withdrawal of the petition. The memo reads thus:
“ 1. The petitioners respectfully begs to submit that, the Petitioners are seeking to Quash the FIR registered in connection with Crime No.41/2021 by the Ankola Police Station at Karwar for the alleged offenses punishable under section under Sections 498(A), 323 and 504 of IPC R/w Sections 3 & 4 of the Dowry Prohibition Act and Section 3(1)(r)(s) and 2(va) of The SC & ST (prevention of atrocities) amendment act 2015 dated 01.03.2021 in view of certain fresh development, petitioners is going to file fresh petition, before this Hon’ble Court. Hence the undersigned seeks leave of the Hon’ble Court to withdraw the Petition.
WHEREFORE, it is humbly prayed that, this Hon’ble Court be pleased to dismiss the Petition as not pressed and grant liberty to file fresh petition in the interest of equity and justice.”
NC: 2023:KHC-D:12754 CRL.P No. 101376 of 2021
In view of the memo, the petition is dismissed as not
pressed.
Sd/JUDGE
kmv ct:bck
Gopal Athmaram Naidu
Baby Naidu
C. Athmaram Naidu
Vivekanand Naidu
State
Manjula Gopal Naidu
Shivashankar Amanannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
