Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6211 CRL.P NO.13826 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.13826 OF 2023 BETWEEN:
SRI. JERALD CUTINHO S/O LATE SYLVESTER CUTINHO, AGED ABOUT 51 YEARS, R/AT NO.2-250, GREEN GARDEN, MIYAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 107. …PETITIONER (BY SRI. RAJESH A., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY MOODABIDRE POLICE STATION, MANGALURU - 574 227.
REP. BY THE S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
MRS. DR. AMARSHREE AMARNATH SHETTY D/O LATE K. AMARNATH SHETTY, AGED ABOUT 45 YEARS, R/AT ASHRUTHA, GANDHINAGAR, MAVPADI VILLAGE, MOODABIDRI TALUK, DAKSHINA KANNADA DISTRICT - 574 227. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
SRI. PRASAD HEGDE K., ADVOCATE FOR R2)
Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka
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NC: 2025:KHC:6211 CRL.P NO.13826 OF 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE REGISTRATION OF F.I.R. IN CRIME NO.169/2023 OF THE MOODABIDRE POLICE STATION, MANGALURU CITY AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 454, 457, 380, 447 AND 427 READ WITH SECTION 34 OF THE INDIAN PENAL CODE PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC. COURT, MOODABIDRE, MANGALURU CITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks following relief:
"Quash the registration of the F.I.R. in Crime No.169/2023 of the Moodabidre Police Station, Mangaluru City against the petitioner for the offences punishable under Sections 454, 457, 380, 447, 427 read with Section 34 of the Indian Penal Code pending on the file of the Civil Judge and JMFC. Court, Moodabidre, Mangaluru City"
2. Learned counsel for the petitioner; learned Additional State Public Prosecutor for the respondent No.1 and learned counsel for the respondent No.2 have jointly submitted that the 'C' Report dated 30th December, 2024 has been filed in the instant case.
3. The above said submission is placed on record.
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NC: 2025:KHC:6211 CRL.P NO.13826 OF 2023
4. Accordingly, the Criminal Petition is disposed of as having become infructuous.
5. It is made clear that, this Court has not expressed any opinion on merits/demerits of the rival contentions. It is further made clear that the petitioner and the respondents would not be bound by any finding/observation recorded in the 'C' Report in any future litigation between the parties.
6. Liberty is reserved in favour of the parties to take recourse to such other remedy as available under law.
SD/- (S.R. KRISHNA KUMAR) JUDGE
ARK List No.: 1 Sl No.: 17