Karnataka High Court
Venkatappa vs The State Of Karnataka on 8 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:617
CRL.P No. 10738 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 10738 OF 2024
BETWEEN:
1. VENKATAPPA
S/O KULLA VENKATAPPA
AGED ABOUT 73 YEARS
2. SMT SHARADAMMA
W/O VENKATAPPA
AGED ABOUT 63 YEARS
3. SMT JYOTHI
D/O VENKATAPPA
AGED ABOUT 42 YEARS
4. HEMVATHI
D/O VENKATAPPA
AGED ABOUT 41 YEARS
Digitally signed by PETITIONERS NO.1 TO 4 ARE
REKHA R R/AT DHARMAPURA VILLAGE
Location: High
Court of Karnataka AND POST
BILIKERE HOBLI
HUNSUR TALUK
MYSURU DISTRICT
5. SMT VEENA
D/O VENKATAPPA
W/O RAVI
AGED ABOUT 39 YEARS
R/AT 656
HONNEGOWDA BLOCK
HOOTABALLI
MYSURU TALUK
-2-
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CRL.P No. 10738 of 2024
6. SMT MANJULA
W/O NINGARAJU
AGED ABOUT 37 YEARS
R/AT DHARMAPURA VILLAGE AND POST
BILIKERE HOBLI
HUNSUR TALUK
MYSURU DISTRICT
...PETITIONERS
(BY SRI. ABUBACKER SHAFI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HUNSUR TOWN POLICE STATION
REPRESENTED BY SPP
HIGH COURT BUILDNG
BENGALURU - 560 001
2. VENKTAPPA
S/O VENKATAIAH
AGED ABOUT 73 YEARS
R/AT DHARMAPURA VILLAGE AND POST
BILIKERE HOBLI
HUNSUR TALUK
MYSURU DISTRICT
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDITIONAL SPP FOR R-1
SRI. RUDRAPPA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 BNSS) PRAYING TO QUASH THE FIR
IN CR.NO.111/2023 DATED 05.06.2023 AND THE CHARGE SHEET
LAID BY THE 1ST RESPONDENT POLICE IN CHARGE SHEET
NO.20/2024 DATED 08.02.2024, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 419, 420, 463, 471, 120(B), 149 OF IPC, AGAINST
THE PETITIONERS AND ALSO COGNIZANCE TAKEN BY THE HON'BLE
PRL. SENIOR CIVIL JUDGE AND JMFC, HUNSUR ON 18.06.2024 BY
DIRECTING TO REGISTER A CRIMINAL CASE FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 120(B), 419, 420, 463, 471 READ
WITH SECTION 34 OF IPC, AND THEREBY ENTIRE PROCEEDINGS IN
CC.NO.292/2024 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND JMFC, HUNSUR IN SO FAR AS PETITIONERS ARE CONCERNED.
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CRL.P No. 10738 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seeks to quash the
entire proceedings in C.C.No.292/2024 pending before the
Prl. Senior Civil Judge & JMFC, Hunasur, arising out of FIR
Crime No.111/2023 registered by Hunusur Town Police
Station, for the offences punishable under for the offences
punishable under Sections 419, 420, 463, 468, 471, 120B,
149 of IPC.
2. Heard.
3. A perusal of the material on record would
indicate that respondent No.2-complainant had filed a PCR
No.120/2022 before the learned Magistrate, who referred
the same for investigation under Section 156(3) of Cr.P.C
to the jurisdiction police authority to file the charge sheet
on 08.02.2024, pursuant to which the learned Magistrate
took cognizance on 18.06.2024 and issued summons to
NC: 2025:KHC:617
the petitioners-accused Nos.1 to 6, who are before this
Court, by way of the present petition.
4. Learned counsel for the petitioners submit that
without the respondent No.2-complainant filing the
mandatory affidavit along with aforesaid PCR
No.120/2022, as held in the case of Priyanka Srivastava
& Anr vs State of U.P. & Ors1, which would followed by
co-ordinate of bench of this Court in the case of Shri M P
Aravinda and others vs State of Karnataka and
another,2 learned Magistrate was not entitled to refer the
matter for investigation to the police authority, much less
take cognizance of the offences and such the impugned
proceedings deserved to be quashed.
5. Per contra, learned counsel for respondent No.2
would submitted there is no merits in the petition and the
same is liable to be dismissed.
6. A perusal of the material on record would
indicate that as rightly contended by the learned counsel
2015 (6) SCC 287
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for the petitioners, mandatory affidavit had not been filed
by respondent No.2-complainant along with the PCR
No.120/2022 and in the light of judgment of the Hon'ble
Apex Court in Priyanka Shrivastava case, as stated
supra, followed by this Court in Shri M P Aravinda and
others vs State of Karnataka and another, I am of the
considered opinion, impugned proceeding deserved to be
quashed by reserving liberty in favour of respondent No.2
to initiate proceedings against the petitioners in
accordance with law.
7. Accordingly, the following:
:ORDER:
i) The Criminal petition is allowed.
ii) Entire proceedings in C.C.No.292/2024
pending before the Prl. Senior Civil Judge
& JMFC, Hunasur, arising out of FIR
Crime No.111/2023 registered by
Hunusur Town Police Station, for the
offences punishable under for the
offences punishable under Sections 419,
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420, 463, 468, 471, 120B, 149 of IPC is
hereby quashed.
iii) Liberty is reserving in favour of
respondent No.2 to take such remedy as
available in law including initiating fresh
proceedings against the petitioners in
accordance with law.
SD/-
(S.R.KRISHNA KUMAR)
JUDGE
ASN
