The court quashed criminal proceedings due to insufficient evidence to support the charges under IPC sections, emphasizing the need to prevent abuse of process.

ORAL ORDER

Both these petitions arise out of solitary incident that takes place on 19.11.2023 and results in a case and a counter case. It is therefore, both these petitions are taken up together and considered by this common order.

2. Heard Shri Gururaja Shetty K., learned counsel appearing for the petitioner; Shri B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1 and Shri Parameshwar N. Hegde, learned counsel appearing for respondent No.2.

3. Facts in brief germane are as follows:

The second respondent is the complainant in Crl.P.No.6400/2024. The petitioner in Crl.P.No.6400/2024 is the complainant in the companion petition. On 19.11.2023, a complaint comes to be registered alleging that the complainant in Crl.P.No.6400/2024, has been a member of the Karnataka State Lawn Tennis Association for over 20years and used to visit the gym every day from 6.30 p.m. to 7.30 p.m. It is alleged that on the said date, the complainant was speaking with the manager one Shri Rudresh. The petitioner is said to have taken a glass and thrown at the complainant and goes outside. The averment is that Shri Rudresh is also suspected to have been involved in the incident with the petitioner. Based upon the said incident, the complainant registers a complaint, which becomes a crime in crime No.239/2023 for offence punishable under Section 324 read with Section 34 of the Indian Penal Code, 1860 ('the IPC ' for short). The police after investigation filed a charge sheet against the petitioner and the matter is now pending as C.C.No.14029/2024. The filing of the charge sheet and issuance of summons has driven the petitioner to this Court in the subject petition. The aforesaid are the facts in Crl.P.No.6400/2024.

In Crl.P.No.4277/2025

The subject criminal petition calls in question proceedings in C.C.No.3002/2024. The incident is the same. On the crime being registered against the petitioner, the petitioner has registered a crime against the complainant, which becomes a crime in crime No.240/2023. Again, it is for the same offence, the ones punishable under Sections 341 , 504 , 323 and 506 of the IPC . The police after investigation have filed a charge sheet against the petitioner and the matter is pending in C.C.No.3002/2024. Since on the same incident, two crimes have sprung, one by the complainant and one by the accused, in each of the cases, they are a case and a counter case. The incident is a verbal spat between the petitioner and the respondent. The police after investigation have filed a charge sheet in both the cases. A summary of the charge sheet in crime No.240/2023 reads as follows:

and the summary of the charge sheet in crime No.239/2023
reads as follows:

If both the summaries of the respective charge sheets in the case and counter case is considered, that a verbal spat between the two leads to the complainant hurling abuses and throwing a glass. The same is alleged against the accused by the complainant, against the complainant by the accused. Therefore, it is an allegation and a counter allegation.

4. Insofar as the complainant in crime No.239/2023 is concerned, there is a wound certificate. The wound certificate depicts a lacerated wound on the left forearm of the complainant. Though there is a wound certificate in the case at hand, both the petitioner and the respondent having realized the folly or having realized that incident has occurred on a verbal spat in the Club House of the Karnataka State Lawn Tennis Association has left the decision to the Court and they would not want to pursue the matter any further. Therefore, I deem it appropriate to notice Section 324 of the IPC . The offences alleged against the petitioner in crime No.239/2023 is the ones punishable under Section 324 of the IPC . Section 324 of the IPC reads as follows:

"324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any inst