Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 46829 (KAR)

ASMA W/O ABDUL HAMEED SAVANUR v. ABDUL HAMMED S/O ABDUL JABBARKHAN SAVANUR

CRL.P/102156/2021 · 2025-03-18

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4903 CRL.P No. 102156 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102156 OF 2021 BETWEEN: ASMA W/O. ABDUL HAMEED SAVANUR, AGE: 49 YEARS, OCC: RETIRED BANK EMPLOYEE, R/O: KESHWAPUR HUBBALLI, DIST: DHARWAD, NOW RESIDING AT NO.186, 3RD CROSS, 6TH MAIN, VIDYAGIRI LAYOUT, NAGARBHAVI, BENGALURU – 560 072. …PETITIONER (BY SRI. R.G.BHUSANUR, ADVOCATE) AND: ABDUL HAMMED S/O. ABDUL JABBARKHAN SAVANUR, AGE: 55 YEARS, OCC: ADVOCATE, R/O: KESHWAPUR, HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. SANTOSH NARGUND, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 04.10.2021 PASSED ON IA NO.2 BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI IN CRL. MISC. NO.62/2017 PRODUCED AT ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4903 CRL.P No. 102156 of 2021 ORAL ORDER Learned counsel for the petitioner has filed a memo for withdrawal of the petition. The memo reads thus: MEMO FOR WITHDRWAL Herein the Memo of not press on behalf of Petitioner above named is as under:- Petitioner has filed top noted petition under Section 482 of Crl.P.C., aggrieved by the orders passed in Cri.Misc.No.62/2017 by the Hon’ble 1st Addl. Civil Judge and J.M.F.C., Hubballi dated 04.10.2021 on I.A.no.2 filed by respondent herein above. It is submitted that, in view of the laid down by this Hon’ble Court in the case of M/s Anu Balasaheb Patil V/S Sonu @ Sonia Patil reported in 2024(3) KCCR Page 2904 and Law laid down by Full Bench of Hon’ble High Court of Madras reported in 2023 Cri.L.J 339, provisions of Section 482 is not applicable to the proceedings under Section 12 of Protection of Women from Domestic Violence Act. In the above said circumstances, present petitioner is not interested to proceed further. Therefore, it is most humbly prayed that, this Hon’ble ourt may kindly dispose the top noted petition as withdraw in the interest of justice and equity. 2. In view of the memo, the petition is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC