The High Court of Karnataka disposed of a criminal petition seeking to quash proceedings under Section 12 DV Act. The court held the petition infructuous as the complainant had withdrawn the complaint before the lower court.
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:11014 CRL.P No. 104352 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 104352 OF 2022
BETWEEN:
VISHAL NINGAPPA PATTIHAL
Digitally signed by VISHAL NINGAPPA PATTIHAL Date: 2023.09.22 10:52:29 +0530
NEAR PANCHAMUKHI HANUMAN TEMPLE, GOKHALE NAGAR, PUNE, MAHARASTRA. PETITIONER NO.3 MENTALLY CHALLENGED PERSON R/BY PETITIONER NO.2 NATURAL GUARDIAN MOTHER.
… PETITIONERS
(BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
SMT. AKSHTA W/O SAGAR TATE, AGE. 37 YEARS, OCC. NIL, R/O. MOHAN GUDI S/O NARASIMHA, PLOT NO.1, NAKSHTRA 10TH AVENUE, BEHIND RAVI NAGAR, GOKUL ROAD, HUBBALLI-580030.
… RESPONDENT
(BY SRI. H.R. GUNDAPPA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AS AGAINST THE PETITIONERS 1 TO 3/RESPONDENT 2 TO 4 CRL. MISC 21/2021 PENDING BEFORE JMFC-3 HUBBALLI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 12 DV ACT IN SO FAR AS PETITIONERS/ACCUSED NO. 1 TO 3 AND RESPONDENTS 2 TO 4 ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel appearing for the petitioners
submits that the complainant himself has withdrawn the complaint before the concerned Court. Therefore, the petition is rendered infructuous.
Submission of the learned counsel is placed on record.
The petition is thus disposed off as having become
infructuous.
Sd/JUDGE
vnp*/ct:bck List No.: 2 Sl No.: 33
1 issue framed by the court
Whether the quashing of criminal proceedings initiated under Section 12 DV Act is necessary when the complainant has withdrawn the complaint.
1 provisions across 1 enactments
KAVERI D/O SURYAKANT TATE
CHARULATA W/O SURYAKANT TATE
AMOL S/O SURYAKANT TATE
AKSHTA W/O SAGAR TATE
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
