IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.259/2019 BETWEEN:
1. FAZAL MOHAMMAD KHAN S/O.MEHAMOOD RAFIK AGED ABOUT 64 YEARS R/AT VIJAYANAGARA COLLEGE ROAD OPPOSITE TO HIGH SCHOOL 1ST MAIN, SANTHINAGARA HOSAPETE TOWN BELLARY DISTRICT BELLARY-583 101 2. SMT. SHAMSHAD BEGUM W/O.FAZAL MOHAMMED KHAN AGED ABOUT 59 YEARS R/AT VIJAYANAGARA COLLEGE ROAD OPPOSITE TO HIGH SCHOOL 1ST MAIN, SANTHINAGARA HOSAPETE TOWN BELLARY DISTRICT BELLARY-583 101 3. RAFIK KHAN S/O.FAZAL MOHAMMED AGED ABOUT 34 YEARS R/AT OPPOSITE TO STADIUM COLLEGE ROAD, 1ST MAIN SHANTHINAGARA HOSAPETE TOWN BELLARY DISTRICT BELLARY-583 101 ... PETITIONERS (BY SRI HARISH KUMAR H.C., ADVOCATE) AND:
1. STATE OF KARNATAKA BY DAVANAGERE WOMENS P.S. REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001 2. DR.SHIFA SHEIKH W/O.SHAKIL KHAN MOHAMMAD AGED ABOUT 31 YEARS R/AT H.NO.C9, ARMAAN MANYATHA TECH PARK NAGAWARA BANGALORE-560 045 ... RESPONDENTS (BY SRI S.RACHAIAH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.99/2014 OF WOMEN POLICE STATION, DAVANAGERE, WHICH IS REGISTERED AGAINST PETITIONERS/ ACCUSED NOS.2 TO 4 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, WHICH IS PENDING BEFORE 3RD JMFC COURT AT DAVANAGERE IN CC.NO.882/2016.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Counsel for petitioners after arguing matter for considerable length of time, and this Court was not inclined to entertain the petition, petitioners have sought leave of this Court to withdraw the petition. Memo filed to said effect is placed on record. Accordingly, the petition is dismissed as withdrawn. However, it is made clear that no liberty is granted to file fresh petition.
In view of dismissal of the petition, IA.No.1/2019 for stay does not survive for consideration and same stands disposed of.
SD/- JUDGE LB