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2025 Supreme(Online)(Kar) 14906
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI. ASISH JAIN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 7232 OF 2024 (482(Cr.PC) / 528(BNSS)
For the Appellants/Petitioners: SRI. SUYOG HERELE E.
For the Respondents: SRI. CHANNAPPA ERAPPA
Proceedings can be quashed under Section 482 Cr.P.C if the material does not disclose the commission of an offence, preventing abuse of legal process.
Headnote:(A) Indian Penal Code - Section 509 - Quashing of proceedings - Allegations of body shaming resulting in mental trauma - Petition filed under Section 482 Cr.P.C to quash entire proceedings for alleged offences - Material on record does not disclose commission of alleged offences, leading to the potential abuse of process of law. (Paras 2, 4, 5)
(B) Legal principles - Continuation of proceedings constitutes abuse of process if the charges are not supported by evidence. (Paras 4, 5)
Facts of the case:
The petitioner sought to quash proceedings against him based on allegations made by respondent regarding body shaming incidents that caused mental trauma, leading to the registration of FIR against the petitioner.
Findings of Court:
The court found no disclosure of committed offences in the material presented, justifying the quashing of proceedings.
Issues: Whether the material presented disclosed any commission of the alleged offence under Section 509 IPC.
Ratio Decidendi: The court rules that if proceedings do not disclose any commission of an offence, such continuation amounts to abuse of the process of law.
Result: The petition is allowed and the proceedings are quashed.
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| 1. the petitioner seeks to quash the proceedings due to insufficient evidence supporting the charges. (Para 2 , 4) |
| 2. the court finds that continuation of the case would amount to an abuse of legal process. (Para 5) |
ORAL ORDER
In this petition, petitioner seeks for the following reliefs: a) Allow this Criminal Petition and quash the entire proceedings in C.C.No.1060/2024 and order dated 11.01.2024 on the file learned I ACMM Court, Nrupatunga Road, Bangalore City for the alleged offence under Section 509 of IPC including the FIR, Complaint and Chargesheet in Crime No.203/2023 registered by Respondent No.1 police.
b) Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.
3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest the petition.
4. A perusal of the material on record will indicate that it is the case of the prosecution that on 08.08.2023 around 10.30 p.m., at New BEL Road below Chapter One Bar and Restaurant, three unknown persons are alleged to have called her fat and they have indulged in body shaming her, due to which, respondent No.2 suffered from mental trauma. Pursuant to the said incident, respondent No.1 registered the FIR in Crime No.203/2023, which is currently pending in CC No.1060/2024 before the I Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru City for the offences punishable under Section 509 of IPC. Aggrieved by the same, the petitioner 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 and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition.
5. Accordingly, I proceed to pass the following:
ORDER i) The petition is hereby allowed ii) The impugned proceedings in C.C.No.1060/2024 arising out of Crime No.203/2023 on the file of I Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru City, insofar as the petitioner is concerned are hereby quashed.
