The petitioners moved under Section 482 Cr.P.C. to quash an FIR involving dowry-related allegations. At admission, they sought withdrawal. The court dismissed the petition as not pressed and allowed them to file a fresh one.
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NC: 2023:KHC-D:13768 CRL.P No. 101563 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101563 OF 2022
BETWEEN:
Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.01 11:42:15 +0530
…PETITIONERS
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
NC: 2023:KHC-D:13768 CRL.P No. 101563 of 2022
HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
…RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1.
SRI. SRINAND A. PACHHAPURE AND SRI. A. VEERANNA, ADVS. FOR R2.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR FILED BY RESPONDENT NO.1 AGAINST PETITIONERS FOR THE ALLEGED OFFENCE PUNISHABLE U/S 498A, 504, 323, 506, 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, IN P.S. CRIME NO.3/2022 REGISTERED WITH BALLARI WOMEN POLICE STATION, BALLARI CITY SUBDIVISION, 4TH ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, BALLARI.
THIS PETITION, COMING ON FOR ADMISSION, 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:
“Herein the advocate for the petitioners begs to submit as under:
That in the top noted case charge-sheet is filed. Hence petitioners request the Hon’ble Court to permit them to withdraw the case and file on the basis of charge-sheet in the interest of justice.
Hence this memo.”
NC: 2023:KHC-D:13768 CRL.P No. 101563 of 2022
In view of the memo, the petition is dismissed as not pressed. The petitioners are at liberty to file a fresh petition. Consequently, I.A.1/2022 also stands disposed of, as it does not survive for consideration.
Sd/JUDGE
kmv
3 issues framed by the court
Whether to allow withdrawal of the criminal petition filed under Section 482 Cr.P.C. quashing an FIR.
Whether the petition should be dismissed as it is no longer pressed.
Whether Interim Application 1/2022 should be disposed of along with the main petition.
2 provisions across 2 enactments
Nandisha N
M B Nagaraj
Shobha
Naresh Gandhi
Deepika
Amulya Reddy
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
