The High Court dismissed the criminal petition under Section 482 CrPC as withdrawn. The court granted liberty to the petitioners to file a fresh petition. Consequently, an associated interim application also stands disposed of.
Petition dismissed as withdrawn with liberty to file a fresh petition; I.A.1/2023 disposed of.
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:14168 CRL.P No. 102984 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102984 OF 2023
BETWEEN:
VIJAYALAKSHMI M KANKUPPI
… PETITIONERS
(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.12.06 13:27:53 +0530
AND:
TQ. SAUNDATTI, DIST. BELAGAVI.
… RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SERVICE NOTICE TO R2 IS HELD SUFFICIENT VIDE COURT ORDER DATED 05.12.2023)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH ALL THE PROCEEDINGS, INCLUDING THE COMPLAINT AND FIR BELAGAVI CITY WOMEN POLICE STATION AT CRIME NO.43/2023, IN RESPECT OF THE OFFENCE P/U/SEC. 498(A), 323, 504 R/W SEC. 34 OF IPC PENDING BEFORE THE II J.M.F.C. COURT, BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the petitioners
submits that by granting liberty to file a fresh petition, the present petition may be disposed of as withdrawn.
The said submission is placed on record.
Accordingly, the petition is dismissed as withdrawn with
liberty to the petitioners to file a fresh petition. As a consequence, I.A.1/2023 stands disposed of.
Sd/JUDGE
Kmv CT:BCK
1 issue framed by the court
Whether to allow the present criminal petition to be disposed of as withdrawn and grant liberty to file a fresh petition.
1 provisions across 1 enactments
Satish S/O Irappa Shahapurkar
Mahadevi W/O Irappa Shahapurkar
Pooja D/O Irappa Shahapurkar
Vijayalakshmi M Kankuppi
State of Karnataka
Geeta W/O Satish Shahapurkar
Shivashankar Amarnavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
