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2025 DAILYLAW 42191 (KAR)

MR. MELWYN I. FERNANDES v. MRS.ANITHA GOMEZ

CRL.P/9755/2023 · 2025-11-04

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 9755 OF 2023 C/W CRIMINAL PETITION NO. 9857 OF 2023 IN CRL.P No. 9755/2023 BETWEEN: 1. 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. 2. 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. …PETITIONERS (BY SMT. BANIS SUNITA STEPHEN, ADVOCATE (VC) A/W SRI. ROHIT TIWARI, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023 AND: MRS. ANITHA GOMEZ AGE: 44 YEARS OCC: SERVICE NO.7265, TORANAGALU ROAD OPP.CAUVERY BANK VIJAYANAGAR IV STAGE, II PHASE MYSURU - 570 016, KARNATAKA …RESPONDENT (BY SRI. SUDARSHAN L, ADVOCATE) 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.,. IN CRL.P NO. 9857/2023 BETWEEN: 1. 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. 2. MR. DOLPHY DCUNHA S/O LIGOURY D'CUNHA AGE: 60 YEARS, - 3 - HC-KAR NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023 OCC: SOCIAL ACTIVIST/BUSINESSMAN ADDRESS: NO.909/A, 6TH MAIN WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE - 560 086, KARNATAKA. ...PETITIONERS (BY SRI. BANIS SUNITA STEPHEN.,ADVOCATE(VC)) AND: FR. VIJAY KUMAR S/O DEVARAJU, AGE: 40 YEARS, OCC. CATHOLIC PRIEST, ST. JOSEPHS EDUCATIONAL COMPLEX, JAYALAKSHMIPURAM, MYSURU - 571 012, KARNATAKA. ...RESPONDENT (BY SRI. SUDARSHAN L, ADVOCATE) 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., THESE PETITIONS, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44524 CRL.P No. 9755 of 2023 C/W CRL.P No. 9857 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 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. 2. Her submission is placed on record. 3. The Criminal Petitions are hereby dismissed as withdrawn. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 25