- 1 - NC: 2025:KHC-D:5481 CRL.P No. 101494 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101494 OF 2025 BETWEEN: 1. ADIVEPPA @ MUDUKAPPA S/O. YALLAPPA NANDIHALLI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: BASAVESHWAR CIRCLE, BIDNAL HUBBALLI, DIST: DHARWAD – 580 028. 2. ANILREDDY S/O. ADIVEPPA NANDIHALLI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: BASAVESHWAR CIRCLE, BIDNAL, HUBBALLI, DIST: DHARWAD – 580 028. 3. AKSHAY S/O. ADIVEPPA NANDIHALLI, AGE: 30 YEARS, OCC: PRIVATE WORK, R/O: BASAVESHWAR CIRCLE, BIDNAL, HUBBALLI, DIST: DHARWAD – 580 028. 4. HEMARADDI S/O. HANUMANTAPPA RADDER, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: BASAVESHWAR CIRCLE, BIDNAL, HUBBALLI, DIST: DHARWAD – 580 028. …PETITIONERS (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH BENDIGERI PS – 580 011. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5481 CRL.P No. 101494 of 2025 2. CHENNABASAPPA YALLAPPA DONAGANAVAR, AGE: 61 YEARS, OCC: FARMER, R/O: PADAGATTI ONI, BIDNAL, HUBBALLI, DIST: DHARWAD – 580 028. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 1 TO 4/PETITIONERS, IN C.C.NO. 4658/2022, UNDER SECTIONS 323, 341, 354, 504, 506 READ WITH 34 OF INDIAN PENAL CODE, PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC COURT, HUBBALLI. ANY OTHER ORDERS MAY KINDLY BE PASSED THAT THE HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for petitioners files a memo seeking withdrawal of the petition with liberty to file fresh petition. 2. Memo reads thus; “In this the Advocate for the Petitioners submits as under: That, the Petitioners have filed the above criminal petition before this Hon’ble Court seeking for quashing of criminal proceedings in C.C.No.4658/2022 pending on the file of the III Addl. Civil Judge and JMFC Court Hubballi for the offence punishable under Sections 323, 341, 354, 504, 506 R/W. Section 34 of IPC. In the above petition evidence is already commenced. By oversight, instead of seeking - 3 - NC: 2025:KHC-D:5481 CRL.P No. 101494 of 2025 quashing of the order dated 23.12.2024 passed on the application filed under Section 242(2) by the Prosecution in C.C.NO.4658/2022 pending on the file of the III Addl. Civil Judge and JMFC Court, Hubballi, the above petition is filed for seeking of the entire criminal proceedings. Hence, the Petitioner wants to withdraw the above petition with liberty to file fresh petition seeking quashing of the order dated 23.12.2024 passed in C.C.No.4658/2022 by the III Addl. Civil Judge & JMFC Court, Hubballi. Wherefore, this Hon’ble Court kindly be pleased to permit the Petitioner to withdraw the above petition with liberty to file fresh petition and also direct the office to return of the certified copies of documents attached to the above petition, in the ends of justice.” 3. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. 3. Registry is directed to return documents to learned counsel for petitioners. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 35