The Criminalpetition filed under Section 482 CrPC to quash an FIR was disposed of by allowing withdrawal based on counsel's memo, citing the filing of a charge sheet as the ground.
The Criminal Petition was disposed of as withdrawn with liberty to file a fresh petition.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: 2024:KHC:35706 CRL.P No. 4316 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4316 OF 2023
BETWEEN:
MR.MAQSOOD ALI AGED ABOUT 64 YEARS, S/O LATE MR. MEHAMOOD ALI, RESIDING AT: ALI ESTATE, VASUDEVAPURA VILLAGE, YELAHANKA HOBLI, BENGALURU – 560 064.
…PETITIONER
(BY SRI. M.S.MUKARRAM, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,/ 528 OF BNSS PRAYING TO QUASH THE FIR IN CR.NO.372/2022 AS AGAINST THE PETITIONER FOR THE OFFENCES P/U/S.447, 323 AND 34 OF IPC ALONG FILED BY THE RESPONDENT NO.1 POLICE BEFORE THE XXX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AS PER ANNEXURE A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel for the petitioner files a memo seeking permission to withdraw the petition on the ground that the police have filed a charge sheet.
“The undersigned counsel for the Petitioner submits that the charge sheet has been filed inCrime No.372/2022 i.e., in the above petition and hence the Petitioner may be allowed to withdraw the above petition with the liberty to file a fresh petition. Hence, this Memo.”
The memo is taken on record. The Criminal Petition is
disposed as withdrawn in terms of the memo.
Sd/(M.NAGAPRASANNA) JUDGE
NVJ
List No.: 1 Sl No.: 222
1 issue framed by the court
Whether the criminal petition seeking quashing of FIR can be withdrawn after the filing of the charge sheet.
Mr. Maqsood Ali
The State of Karnataka
Madhusudan Reddy
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
