IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1840/2016 BETWEEN:
1. SAVIL PRAKASH MASCARENHAS AGED ABOUT 37 YEARS S/O LATE EVEREST MASCARENHAS, “MASCELIA CASTLE”, FLAT NO.404, SILVA CROSS ROAD, JEPPU, KANKANADY POST, MANGALORE – 575 002.
2. MR.ANIL LOBO AGED ABOUT 37 YEARS, S/O MINGEL LOBO, “LOBO VIHAR”, DEMMALE HOUSE, MALLUR POST, MANGALORE – 575 020.
... PETITIONERS (BY SRI CYRIL PRASAD PAIS, ADVOCATE-ABSENT) AND:
MRS.HELEN FERNANDES AGED ABOUT 43 YEARS, W/O JOHN FERNANDES, NO.20-87/5, MALTHOTTU HOUSE, PADAVU, KULSHEKAR, MANGALORE – 575 002.
... RESPONDENT (BY SRI NISHIT KUMAR SHETTY, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 24.09.2011 PASSED BY THE JMFC-III COURT, MANGALORE ORDERING THE REGISTRATION OF THE CRIMINAL CASE IN C.C.NO.3947/2011 AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 426, 447, 452, 506 R/W 34 OF IPC, 1860 AND THE ISSUANCE OF THE SUMMONSES TO THE PETITIONERS; CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3947/2011 (PCR NO.119/2011) PENDING ON THE FILE OF THE JMFC-III COURT, MANGALORE FOR THE OFFENCES P/U/S 426, 447, 452, 506 R/W 34 OF IPC, 1860 AND DISMISS THE COMPLAINT FILED BY THE RESPONDENT HEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners absent. Counsel for the respondent is present.
2. Learned counsel for the respondent submits that the petition has become infructuous.
3. The petitioner has sought to set aside the order dated 24.11.2011 passed by the JMFC-III Court, Mangalore, in C.C.No.3947/2011.
4. On verification of the High Court website, it is noticed that the proceedings in C.C.No.3947/2011 before the trial Court have been disposed of in terms of the settlement in Lok-adalath. As a result, nothing survives for consideration in this petition.
Accordingly, the petition is dismissed.
Sd/- JUDGE *alb/-.