Mr. Melwyn I. Fernandes v. Mrs.Anitha Gomez

Karnataka HC4 Nov 2025CRL.P/9755/2023

Case brief

AI extract

What is this about?

Section 482 CrPC quashing petition; defamation complaint S.500 r/w S.34 IPC 1860; private complaint PCR 806/2019 and PCR 816/2019; C.C.No.3463/2021 and C.C.No.53/2021; IV JMFC Mysuru; respondents Anitha Gomez and Fr. Vijay Kumar; petitioners Melwyn I. Fernandes and Dolphy Dcunha; withdrawal permitted by counsel; dismissed as withdrawn; no merits decided; Karnataka High Court 2025; NC: 2025:KHC:44524.

What did the court decide?

None; both petitions were permitted to be withdrawn and stand dismissed as withdrawn, with no adjudication on merits. ¶49-50

Mr. Melwyn I. Fernandes Vs Mrs.Anitha Gomez — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 9755 OF 2023

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C/W

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CRIMINAL PETITION NO. 9857 OF 2023

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IN CRL.P No. 9755/2023

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BETWEEN:

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MR. MELWYN I. FERNANDES

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NO.4 S/O ISIDORE FERNANDES

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AGE: 53 YEARS OCC: SOCIAL ACTIVIST/BUSINESSMAN ADDRESS: A5/302, VEDANT COMPLEX VARTAK NAGAR, THANE WEST - 400 606, MAHARASHTRA.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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MR. DOLPHY DCUNHA S/O LIGOURY D'CUNHA AGE: 60 YEARS, OCC: SOCIAL ACTIVIST/BUSINESSMAN ADDRESS: NO.909/A, 6TH MAIN WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE - 560 086, KARNATAKA.

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…PETITIONERS

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(BY SMT. BANIS SUNITA STEPHEN, ADVOCATE (VC) A/W SRI. ROHIT TIWARI, ADVOCATE)

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NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023

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HC-KAR

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AND:

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MRS. ANITHA GOMEZ AGE: 44 YEARS OCC: SERVICE NO.7265, TORANAGALU ROAD OPP.CAUVERY BANK VIJAYANAGAR IV STAGE, II PHASE MYSURU - 570 016, KARNATAKA

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…RESPONDENT

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(BY SRI. SUDARSHAN L, ADVOCATE)

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THIS PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 24.09.2021 IN PCR 806/2019 AND SUBSEQUENT CRIMINAL PROCEEDINGS BY WAY OF C.C.NO.3463/2021 ON THE FILE OF THE HON'BLE IV JMFC COURT, MYSURU AS AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S.500 R/W SEC.34 OF THE IPC, 1860 AND ALL FURTHER PROCEEDINGS THEREON AND ETC.,.

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IN CRL.P NO. 9857/2023

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BETWEEN:

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MR. MELWYN I. FERNANDES NO.4 S/O ISIDORE FERNANDES AGE: 53 YEARS OCC: SOCIAL ACTIVIST/BUSINESSMAN ADDRESS: A5/302, VEDANT COMPLEX VARTAK NAGAR, THANE WEST - 400 606, MAHARASHTRA.

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MR. DOLPHY DCUNHA S/O LIGOURY D'CUNHA AGE: 60 YEARS,

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NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023

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HC-KAR

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OCC: SOCIAL ACTIVIST/BUSINESSMAN ADDRESS: NO.909/A, 6TH MAIN WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE - 560 086, KARNATAKA.

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...PETITIONERS

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(BY SRI. BANIS SUNITA STEPHEN.,ADVOCATE(VC))

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AND:

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FR. VIJAY KUMAR S/O DEVARAJU, AGE: 40 YEARS, OCC. CATHOLIC PRIEST, ST. JOSEPHS EDUCATIONAL COMPLEX, JAYALAKSHMIPURAM, MYSURU - 571 012, KARNATAKA.

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...RESPONDENT

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(BY SRI. SUDARSHAN L, ADVOCATE)

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THIS PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE/QUASH THE ORDER DATED 16.01.2021 IN PCR.NO.816/2019 AND SUBSEQUENT CRIMINAL PROCEEDINGS BY WAY OF C.C.NO.53/2021 ON THE FILE OF THE HONBLE IV J.M.F.C. COURT, MYSURU AS AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S.500 R/W SEC.34 OF IPC 1860 AND ALL FURTHER PROCEEDINGS THEREON AND ETC.,

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THESE PETITIONS, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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After arguing the matters for some time, learned counsel for the petitioners submits that she may be permitted to withdraw the petitions. She also undertakes to file a memo in this regard.

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