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2025 DAILYLAW 64339 (KAR)

SHRI ASHIRVAD S/O SRINIVAS UPADHYAYA v. SMT RASHMI W/O ASHIRWAD UPADYAYA

CRL.P/102621/2025 · 2025-07-09

Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8509 CRL.P No. 102621 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102621 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHRI ASHIRVAD S/O. SRINIVAS UPADHYAYA, AGE: 37 YEARS, OCC: PRIVATE JOB, R/O. #311, GREEN LINE APARTMENTS, CHUNCHAGATTA MAIN ROAD, JP NAGAR, 7TH PHASE, BANGALORE-560062. …PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: SMT. RASHMI W/O. ASHIRVAD UPADHYAYA, AGE: 35 YEARS, OCC: PRIAVTE JOB, R/O. PLOT NO.70/18, HARIPRIYA NIVAS, BEHIND DEEPAK HOSPITAL, PANT NAGAR, PANT BALEKUNDRI BK VILLAGE, BELAGAVI, TQ. AND DIST. BELAGAVI-591103. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S.528 OF BNSS), SEEKING TO QUASH THE ORDER OF COGNIZANCE DATED 29-04-2025 PASSED BY THE 3RD JMFC BELAGAVI AND ENTIRE PROCEEDINGS IN CRL. MISC.95/2025 FILED THE RESPONDENT-WIFE UNDER SECTION 147 BNSS FOR RECOVERY OF INTERIM MAINTENANCE AWARD AS AGAINST THE PETITIONER ARISING OUT OF CRL.MISC NO.144/2023, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8509 CRL.P No. 102621 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Sri. Rohit Nagesh Latur, learned counsel for the petitioner appearing through video conference submits that the petitioner has filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 of Cr.P.C.) to quash the order of cognizance dated 29.04.2025 passed by the learned III Additional JMFC, Belagavi and entire proceedings in Criminal Miscellaneous No.95/2025 filed by the respondent under Section 147 of Bharatiya Nagarik Suraksha Sanhita, 2023 for recovery of interim maintenance. Learned counsel further contended that since this Court granted interim stay in Criminal Petition No.101593/2025, the present petition has become infructuous. To that effect, the learned counsel has filed a memo. - 3 - HC-KAR NC: 2025:KHC-D:8509 CRL.P No. 102621 of 2025 In view of the memo and supporting submission, the petition is dismissed as having become infructuous. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 2 sl no.: 18