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2024 Supreme(Online)(KAR) 20730

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NC: 2024:KHC:12268

CRL.P No. 12034 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF MARCH, 2024

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 12034 OF 2023

BETWEEN:

MR. SHASHIDHAR S.C.

S/O. LATE CHANDRAPPA M

AGED ABOUT 46 YEARS

RESIDING AT NO.2758

13TH MAIN ROAD,E BLOCK

2ND STAGE, RAJAJINAGAR

BENGALURU - 560 010.

…PETITIONER

(BY SRI GUBBI SWAMY S, ADV.)

AND:

1.

STATE OF KARNATAKA

THROUGH GIRINAGAR POLICE

STATION,REPRESENTED BY STATE

PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU -560 001.

2.

MR. JWALANNA. N.B.

S/O. LATE BRAMASURAPPA

AGED ABOUT 80 YEARS

RESIDING AT NO.21

1ST MAIN ROAD

NAGENDRA BLOCK

BSK 1ST STAGE

BENGALURU - 560 050.

…RESPONDENTS

(BY SRI R. RANGASWAMY, HCGPFOR R-1)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE

ENTIRE PROCEEDINGS IN C.C.NO.10221/2022 (CR.NO.181/2021)

Digitally signed

by B A

KRISHNA

KUMAR

Location: HIGH

COURT OF

KARNATAKA

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NC: 2024:KHC:12268

CRL.P No. 12034 of 2023

PENDING ON THE FILE OF XXXII ADDL.C.M.M., BENGALURU FOR THE

OFFENCE P/U/S 341, 323, 354, 504, 506 OF IPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE

COURT MADE THE FOLLOWING:

The power to quash criminal proceedings under Section 482 Cr.P.C. is limited to specific circumstances, as laid down by the Supreme Court in Bhajan Lal's case.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - CONDITIONS - NONE SATISFIED

Fact of the Case:

Petitioner sought to quash criminal proceedings initiated against him for offences under Sections 341, 34, 504, 323, 354 IPC, alleging that the complaint and charge sheet did not make out a prima facie case and were filed to harass him.

Finding of the Court:

The court found that the allegations in the complaint and charge sheet prima facie made out a case against the petitioner and that the case did not fall under any of the parameters for exercising power under Section 482 Cr.P.C. as laid down by the Supreme Court in Bhajan Lal's case.

Issues: Whether the complaint and charge sheet made out a prima facie case against the petitioner.

Ratio Decidendi: The court held that the power under Section 482 Cr.P.C. can only be exercised in limited circumstances, as laid down in Bhajan Lal's case, and that the present case did not satisfy any of those circumstances.

Final Decision: The petition to quash the criminal proceedings was dismissed.

ORDER

1. Petitioner is before this Court under Section 482 of Cr.PC with a prayer to quash the entire proceedings in C.C.No.10221/2022 pending before the Court of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.181/2021 registered by Girinagar Police Station, Bengaluru City, for the offences punishable under Sections 341, 34, 504, 323, 354 IPC.

2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1.

3. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that the complaint as well as the charge sheet allegations do not make out a prima facie case against the petitioner for the alleged offences.

Respondent no.2 has initiated criminal proceedings only to harass and coerce the petitioner. No independent witnesses are examined by the police and charge sheet is filed on the basis of the statement made by interested witnesses who are the family members of the first informant.

4. Per contra, learned HCGP has opposed the petition. He submits that there is sufficient material to show that the petitioner has prima facie committed the alleged offences and the allegations in the complaint as well as the charge sheet prima facie make out a case against the petitioner.

5. FIR in Crime No.181/2021 was registered by Girinagar Police Station against the petitioner herein on the information submitted by Jwalanna - respondent no.2 herein. As per the information submitted by the first informant on 13.10.2021, he had let out his house on rent to the petitioner herein who had vacated the house on 23.09.2021. The petitioner was due to pay arrears of rent and when the first informant and his wife approached the petitioner demanding payment of arrears of rent, the petitioner had informed that he will pay the same subsequently, and on 24.09.2021, the petitioner allegedly came to the house of the first informant and abused the first informant and his wife using vulgar language and also pulled the hair of his wife and threatened them with dire consequences to their life.

6. The police, after investigation, have filed a charge sheet against the petitioner for the offences under Sections 341, 34, 504, 323, 354 IPC. The first informant and his wife are cited as charge-sheet witnesses 1 & 2. In addition to the same, there are two other eye-witnesses who are cited as CWs-3 & 4. The police, after investigation, have filed the charge sheet stating that there is sufficient evidence in support of the allegations made against the petitioner herein that he had committed the alleged act on 24.09.2021.

7. The Hon'ble Supreme Court in the case of STATE OF HARYANA & OTHERS VS CH. BHAJAN LAL & OTHERS - AIR 1992 SC 604, has laid down seven parameters under which the power under Section 482 can be exercised. The case on hand does not come under any one of the parameters referred to in Bhajan Lal's case supra.

Under the circumstances, I am of the opinion that the relief sought for by the petitioner cannot be granted. Accordingly, petition is dismissed.

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