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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.Krishna Kumar
Ashwathanarayana C. – Appellant
Versus
State Of Karnataka By Thirumalashettahalli Police – Respondent
ORDER :
S.R.Krishna Kumar, J.
In this petition, petitioners – accused Nos.1 and 2 seek quashing of the impugned complaint and FIR in Crime No.105/2024 registered by the 1st respondent – Police and for other reliefs.
2. Heard learned counsel for the petitioners and learned HCGP for the 1st respondent – State as well as learned counsel for the 2nd respondent and perused the material on record.
3. The material on record will indicate that the 2nd respondent – de facto complainant filed the impugned complaint dated 06.07.2024 registered as an FIR in Crime No.105/2024 against the petitioners – accused Nos. 1 and 2 and one Ravi representing the ITC Ltd., as accused No.3 for alleged offences punishable under Sections 420 , 465, 467 and 468 r/w Section 34 of IPC. The petitioners have challenged the impugned FIR and complaint on various grounds including contending that the complaint and FIR in relation to a sale agreement dated 15.02.2008 executed by late Hanumappa, father of 2nd respondent – complainant in the year 2024 was barred by limitation and huge / enormous and inordinate / unexplained latches and delay. It is contended that there are various litigations between the petitioners, ITC lt
Unexplained inordinate delay in filing a complaint can lead to quashing of an FIR as it indicates misuse of the judicial process, especially in civil disputes being criminalized.
Civil and criminal remedies may coexist in cases involving allegations of forgery, and failure to act on a prior complaint does not bar subsequent complaints on the same facts.
Inordinate delay in filing of criminal proceeding amounts to abuse of process of law.
Initiating criminal proceedings to settle a civil dispute constitutes an abuse of the process of law.
The exercise of inherent jurisdiction under Section 482 Cr.P.C. requires the allegations to prima facie constitute an offence, the absence of mala fide intentions, and the presence of a legal bar for....
Unexplained delay in lodging an FIR, combined with evidence of malafide intentions, can justify quashing of criminal proceedings to prevent abuse of the legal process.
The court upheld the necessity for investigation into allegations of fraud in the execution of a sale deed, despite delays and the presence of civil proceedings, citing unique factual differences fro....
Delay in lodging an FIR undermines its credibility, and general allegations without specifics can lead to quashing of proceedings under Section 482 of Cr.P.C.
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