The absence of necessary elements to establish criminal offences justifies quashing of proceedings under criminal law.

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks for the following reliefs:

a) Quash the entire proceedings in C.C.No.2743/2025 arising out of Crime No.304/2024 for the offences punishable under Sections 79 , 115(2), 126(2), 351(2), 352 of BNS instituted vide order dated 24.01.2025 and pending before the learned XXIV Additional Chief Judicial Magistrate at Bengaluru. Annexure-A.

b) The Hon’ble Court be pleased to direct the learned XXIV Additional Chief Judicial Magistrate at Bengaluru to complete and conclude the trial in C.C.No.2743/2025 within an outer limit of 6 Months in alternate, if the aforesaid prayer sought in para 59(a) is not allowed.

c) Grant such other order/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case to meet the ends of justice.

2. Heard learned counsel for the petitioner and learned HCGP for the respondent No.1 and perused the material on record.

3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition.

4. A perusal of the material on record will indicate that respondent No.2-defacto complainant is none other than the wife of the petitioner, has filed a complaint on 01.08.2024 against the petitioner for alleged offences punishable under Sections 76 , 79, 115(2), 126(2), 351(2), 351(3) of BNS , pursuant to which, the Police Authorities registered an FIR in Crime No.304/2024, pursuant to which, respondent No.1 conducted investigation and filed the charge sheet, which is currently pending in C.C.No.2743/2025 for the offences punishable under Sections 79 , 115(2), 126(2), 351(2), 352 of BNS . Aggrieved by the impugned proceedings, petitioner/ sole accused is before this Court by way of the present petition.

5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents, charge sheet etc., will indicate that insofar as the offences punishable under Section 115 (2) of BNSS is concerned, Medico Legal Certificate is issued by the KC General Hospital which clearly indicate that the necessary ingredients to constitute the offence punishable under Section 115 is conspicuously absent in the said certificate and other material on record, identical to the facts in the case of Shivalingappa Kerakalamatti Vs. State of Karnataka and Anr., - Crl.P.No.100396/2022, a Co-ordinate bench of this Court has held as under:

“12. The other offences alleged are the ones punishable under Sections 323, 504 and 506 of the IPC. For an offence to become punishable under Section 323, there should be assault and assault resulting in hurt. Hurt, is defined under Section 319 of the IPC. Section 319 of the IPC reads as follows:

“Section 319 :- Hurt -

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”

If the facts and the wound intimation is noticed, it nowhere can become an ingredient of Section 319, as there is not even an external injury caused due to the alleged assault. If there was no injury caused, there is no hurt. If there is no hurt, it cannot become an offence under Section 323 of the IPC.”

6. Insofar as the offence punishable under Section 126 (2) is concerned, in the case of Vikas Mohan Rathod Vs. State of Karnataka and Anr – W.P.No.1254/2023, a co-ordinate bench of this Court has held as under:

11. The only offence that remains is Section 341 of the IPC. For an offence to become punishable under Section 341 of the IPC, the ingredients as obtaining under Section 339 of the IPC is necessary to be present. Section 339 of the IPC rea