The court disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings, as the petitioners withdrew the petition via memo stating it had become infructuous due to the committing of the case to the Session Court.
The criminal petition under Section 482 Cr.P.C. was disposed of upon the petitioners' withdrawal of the matter.
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:21549 CRL.P No. 589 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 589 OF 2023
BETWEEN:
W/O LATE RAFIQUALLA KHAN AGED ABOUT 56 YEARS
R/O ILLAHINAGARA, 80 FEET ROAD, HASSAN TOWN HASSAN – 573 201.
S/O LATE RAFIQUALLA KHAN AGED ABOUT 36 YEARS
R/O ILLAHINAGARA, HASSAN TOWN HASSAN – 573 201.
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
S/O LATE KHASIM SAB AGED ABOUT 33 YEARS R/O ILLAHINAGARA, HASSAN TOWN HASSAN – 573 201.
PRESENTLY R/AT KODALU VILLAGE KUSHAL NAGAR TALUK MADIKERI,
NC: 2023:KHC:21549 CRL.P No. 589 of 2023
KODAGU DISTRICT – 571 234.
…PETITIONERS
(BY SRI. GIRISH B. BALADARE., ADVOCATE)
AND:
W/O SALMAN KHAN AGED ABOUT 27 YEARS, R/O ILLAHINAGARA, 80 FEET ROAD, HASSAN TOWN HASSAN – 573 201.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.
…RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET REGISTERED BY PSI WOMEN POLICE HASSAN IN CR.NO.44/2022 FOR THE OFFENCE P/U/S 498-A, 324, 307, 114, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, AS PER ANNEXURE-A AND THE SAME IS PENDING BEFORE THE IV ADDITIONAL CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.5103/2022.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:21549 CRL.P No. 589 of 2023
ORDER
Learned counsel for the petitioners file a memo seeking permission to withdraw the petition as it has become infructuous.
2. The memo of withdrawal reads as follows:
“The under signed council appearing for petitioner here with submits that, during the pendency of this petition matter was committed to session court by assaying the case No. SC No.94/2023 on the file of III Addl. And Session Judge at Hassan, but in this case the petitioner was challenged the proceedings in C.C.No.5103/2022, but now the case was committed to session court in view of the same this petition become infructuous, hence kindly grant liberty to the petitioner for filing the fresh petition by challenging the S.C.No.94/2023, hence this petition was withdrawn as not pressed by reserving liberty as stated above, in interest of justice and equity.”
The memo is taken on record. The Criminal Petition is
disposed in terms of the memo.
I.A.No.1/2023 is disposed, as a consequence.
Sd/JUDGE
nvj List No.: 1 Sl No.: 67
1 provisions across 1 enactments
ZAKIRUNNISA
IMRAN KHAN
IRFAN KHAN
SHABNAM BANU
STATE OF KARNATAKA
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
