SMT. PAVLIN D SOUZA v. STATE OF KARNATAKA

SMT. PAULIN D SOUZA W/O LATE CIRIL ABRAHAM D SOUZA, AGED ABOUT 68 YEARS, RESIDING AT SUNSONIL DREAM HOUSE HANDADI VILLAGE, UDUPI – 576 213. Location: HIGH COURT OF KARNATAKA

SRI NELSON ROSARIO ROCHE S/O ANTHONY ROCHE ROSARIO, AGED ABOUT 40 YEARS, RESIDING AT NO.4-44, MATADATHOTA, HANDADI, HANDADI VILLAGE, VARAMBALLI, UDUPI – 576 213. …PETITIONERS (BY SRI GIRISH KUMAR B.M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVAR POLICE STATION REPRESENTED BY - 2 - NC: 2024:KHC:51051 CRL.P No. 10023 of 2023 C/W CRL.P No. 9941 of 2023 STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.

2. MRS. CARMINE JOSEPH D SOUZA W/O LATE JOSEPH D SOUZA, AGED ABOUT 63 YEARS, RESIDING AT HANDADI VILLAGE BRAHMAVARA UDUPI – 576 213. (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI K.PRASANNA SHETTY, ADVOCATE FOR R-2) …RESPONDENTS IN REGISTERED CR.NO.138/2017 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO A. QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 BRAHMAVAR POLICE AS C.C.NO.1914/2017 BEFORE THE I ADDITIONAL CIVIL JUDGE AND JMFC COURT AT UDUPI IN RESPECT OF THE PETITIONERS HEREIN VIDE ANNEXURE A OFFENCE P/U/S.447, 427 R/W SEC.34 OF IPC; B. SET ASIDE THE ORDER DATED 30.12.2017 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC AT IN RESPECT OF THE UDUPI TAKING COGNIZANCE PETITIONERS HEREIN VIDE ANNEXURE D; C. CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1914/2017 BEFORE I ADDITIONAL CIVIL JUDGE AND JMFC COURT AT UDUPI IN RESPECT OF THE PETITIONERS HEREIN. IN CRL.P NO. 9941/2023 BETWEEN:

1. SMT. PAVLIN D SOUZA W/O LATE CIRIL ABRAHAM D SOUZA AGED ABOUT 68 YEARS - 3 - NC: 2024:KHC:51051 CRL.P No. 10023 of 2023 C/W CRL.P No. 9941 of 2023 RESIDING AT SUNSONIL DREAM HOUSE HANDADI VILLAGE UDUPI – 576 213.

2. SRI SHEENA POOJARY S/O LATE CHANDU POOJARY AGED ABOUT 65 YEARS RESIDING AT NO. 2-76 SHREENIVASA NILAYA HANDADI VILLAGE – 576 213.

SRI GILBERT RODRIGOUS S/O LATE BENEDICT RODRIGOUS AGED ABOUT 63 YEARS RESIDING AT KAMIKARA HITHLU VARAMBALLY VILLAGE UDUPI - 576 213 (BY SRI GIRISH KUMAR B.M.,ADVOCATE) AND:

1. STATE OF KARNATAKA BY BRAHMAVAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDAKR VEEDHI BENGALURU - 560 001.

2. MRS. CARMINE JOSEPH D SOUZA W/O LATE JOSEPH D SOUDZA AGED ABOUT 66 YEARS RESIDINGAT BRAHMAVARA ...PETITIONERS - 4 - NC: 2024:KHC:51051 CRL.P No. 10023 of 2023 C/W CRL.P No. 9941 of 2023 HANDADI VILLAGE UDUPI - 576 213. (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI K.PRASANNA SHETTY, ADVOCATE FOR R-2) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO 1) QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 BRAHMAVAR POLICE IN CR.NO.68/2017 REGISTERED AS C.C.NO.1291/2017 BEFORE THE I ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT UDUPI IN RESPECT OF THE 2) PETITIONERS CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1291/2017 BEFORE THE I ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT UDUPI IN RESPECT OF THE PETITIONERS HEREIN. ANNEXURE-A; HEREIN VIDE THESE PETITIONS, 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 petitioners in both the petitions has filed a memo seeking permission to withdraw the petition.

2. The memo filed in Crl.P.No.10023/2023, reads as follows: - 5 - NC: 2024:KHC:51051 CRL.P No. 10023 of 2023 C/W CRL.P No. 9941 of 2023 “1. The Petitioners have filed the present Petition for quashing of the entire the charge sheet and proceedings in Crime No. 138/2017 registered as C.C. No. 1914/2017 before the I Additional Civil Judge & J.M.F.C Court, at Udupi.

2. It is submitted that, on 16.03.2024 the Respondent No.2 and Petitioners have filed application under Section 320(1) and (2) of Cr.P.C wherein the informant/CW1 had agreed to settle the matter. It is submitted that accordingly the Hon'ble Trial Court on 16.03.2024 was pleased to permit the parties to have settlement in terms of the compromise and was pleased to close the C.C. No. 1914/2017 on the file of the Trial Court as Settled in Lok Adalath and consequently, acquitted the Petitioners.

3. It is submitted that, in view of the above, the present Criminal Petition does not survive for consideration and the Memo for withdrawal may kindly be taken on record in the interest of justice. WHEREFORE the Petitioners most humbly and respectfully pray that this Hon'ble Court may be pleased to dismiss the Petition as withdrawn ,in the interest of justice.” In terms of the memo, the criminal petition is disposed as withdrawn. Pending interlocutory applications are also disposed, as a consequence. NVJ/List No.: 2 Sl No.: 24 Sd/- (M.NAGAPRASANNA) JUDGE