Karnataka High Court
Rev Fr Fredrick Mascarenhas vs State Of Karnataka on 27 June, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4630 OF 2017 C/W
CRIMINAL PETITION NO.14 OF 2018
IN CRIMINAL PETITION NO.4630/2017
BETWEEN:
1. REV FR. FREDRICK MASCARENHAS
AGED MAJOR,
PARISH PRIEST AND ADMINISTRATOR,
MOTHER OF SORROWS CHURCH
KM MARG, UDUPI-576 101.
2. BONIFACE D'SOUZA
AGED MAJOR,
VICE PRESIDENT OF PARISH PASTORAL
PARISHAD AND FINANCE COMMITTEE,
MOTHER OF SORROWS CHURCH,
KM MARG, UDUPI-576 101.
3. GRATIAN BOTHELLO
AGED MAJOR,
SECRETARY TO PARISH PASTORAL COUNCIL,
MOTHER OF SORROWS CHURCH,
KM MARG, UDUPI-576101
4. VERY REV FR DR BAPTIST MENEZES,
AGED MAJOR,
VICAR GE(NE)RAL, UDUPI DIOCESE,
BISHOPS HOUSE,
MOTHER OF SORROWS CHURCH COMPOUND
UDUPI-576101
2
5. MOST REV. DR. GERALD ISAAC LOBO,
AGED ABOUT 67 YEARS,
BISHOP OF UDUPI DIOCESE,
BISHOPS HOUSE,
MOTHER OF SORROWS CHURCH,
UDUPI -576101
...PETITIONERS
(BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
UDUPI TOWN POLICE STATION
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-5600001
2. BENEDICT NORONHA
AGED MAJOR,
S/O CASMIR NORONHA,
ADVOCATE,
1ST FLOOR, CANARA TOWERS,
MISSION ROAD, HOSPITAL ROAD,
UDUPI-576 226
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP FOR R1;
SRI. AJITH A. SHETTY, ADVOCATE FOR R2)
THIS CRIMINAL PETITION FILED U/S.482 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO
QUASH THE IMPUGNED ORDER DATED 21.02.2017
(ANNEXURE-A) PASSED BY THE I ADDL. CIVIL JUDGE
AND J.M.F.C., UDUPI TAKING COGNIZANCE IN
P.C.R.NO.57/2016 AND REGISTERING THE CAS AS
C.C.NO.277/2017 AND ETC.,
3
IN CRIMINAL PETITION NO.14/2018
BETWEEN:
1. REV. FR. FREDRICK MASCARENHAS
AGED 66 YEARS,
THEN PARISH PRIEST & THE
ADMINISTRATOR OF MOTHER OF
SORROWS CHURCH, K.M.MARG,
UDUPI AND NOW THE PARISH PRIEST
OF ST. ANTHONY'S CHURCH,
PADUKONE, UDUPI DISTRICT
2. BONIFACE D'SOUZA
AGED 66 YEARS,
VICE PRESIDENT OF
PARISH PASTORAL PARISHAD AND
FINANCE COMMITTEE, MOTHER OF
SORROWS CHURCH,
K.M. MARG, UDUPI - 576101
3. GRATIAN BOTHELLO
AGED 67 YEARS
SECRETARY, PARISH PASTORAL COUNCIL
& FINANCE COMMITTEE,
MOTHER OF SORROWS CHURCH,
K.M. MARG, UDUPI-576101
4. VERY REV. FR. DR. BAPTIST MENEZES,
AGED 67 YEARS,
VICAR GENERAL, DIOCESE OF UDUPI,
BISHOP'S HOUSE, MOTHER OF SORROWS
CHURCH, K.M.MARG, UDUPI - 576101.
5. MOST REV. DR. GERALD ISSAC LOBO,
AGED 68 YEARS,
BISHOP OF UDUPI DIOCESE,
BISHOP'S HOUSE,
MOTHER OF SORROWS CHURCH,
K.M.MARG, UDUPI -576101
...PETITIONERS
(BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE)
4
AND:
BENEDICT NORONHA
AGED 70 YEARS,
S/O CASMIR NORONHA,
ADVOCATE,
1ST FLOOR, CANARA TOWERS,
MISSION HOSPITAL ROAD,
UDUPI-576 101
...RESPONDENT
(BY SRI. AJITH ANAND SHETTY, ADVOCATE)
THIS CRIMINAL PETITION FILED U/S.482 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO
QUASH THE AFORESAID ORDER DATED 05.12.2017
PASSED IN CRL.RP.NO.74/2017 BY THE COURT OF THE
PRINCIPAL SESSIONS JUDGE, UDUPI DISTRICT, UDUPI
AND ORDER DATED 21.09.2017 PASSED BY THE I
ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI IN
C.C.NO.277/2017 (ANNEXURE-A AND B RESPECTIVELY)
BY ALLOWING THIS PETITION.
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned counsel for the petitioners has filed a memo seeking leave of this Court to withdraw the petition stating that the parties have amicably settled the dispute.
2. The memo is taken on record. 5
3. Accordingly, the petitions are dismissed as withdrawn.
Sd/-
JUDGE rv