Counter complaints filed purely in retaliation to an original FIR lack legal standing and can be quashed to prevent misuse of judicial processes.

ORAL ORDER

In this petition, petitioners seek the following reliefs:

“Quash the proceedings pending in C.C.

No.3056/2024 on the file of Hon'ble Principal Senior Civil Judge and C.J.M., Udupi for the offences under sections 323, 506 and 34 of I.P.C., which is arising out of Crime No.73/2024 of Malpe Police Station, Udupi.”

2. Heard the learned counsel for the petitioners, learned HCGP for respondent No.1.

3. Respondent No.2 - de facto complainant having been served with notice of this petition has chosen to remain unrepresented and not contested the petition.

4. A perusal of the material on record would indicate that the petitioners and respondent No.2 are neighbours and on 12.05.2024, the petitioners filed the complaint against the father and brother of respondent No.2, which was registered as FIR in Crime No.72/2024 dated 12.05.2024 for alleged offences punishable under Sections 506, 34, 323 and 324 of IPC.

5. In pursuance of the same, the police have conducted the investigation and charge sheet in C.C.No.3056/2024 is pending adjudication. In the meanwhile, subsequent to the complaint dated 12.05.2024 filed by the petitioners against the father and brother of respondent No.2 – complainant, respondent No.2- complainant filed the impugned complaint registered as FIR in Crime No.73/2024 dated 13.05.2024 for offences punishable also under Sections 506, 34, 323 and 354 of IPC.

6. The said complaint having been investigated is pending before the trial Court in the impugned CC.No.3056/2024, which is assailed in the present petition.

7. The aforesaid facts and circumstances clearly establish that it is only after the petitioners filed the instant complaint, he filed the complaint on 12.05.2024 in Crime No.72/2024 against the father and brother of respondent No.2-complainant and that respondent No.2-complaiant filed the impugned complaint by way of counter blast, which is impermissible in law as held by this Court in the case of Vasanth Kumar S.N., Vs. State of Karnataka and Another reported in Crl.P.No.10697/2023 dated 28.01.2025 Consequently, I am of the view that the impugned proceedings qua the petitioners deserve to be quashed.

8. In the result, I pass the following

ORDER

i. Criminal petition is allowed ii. The proceedings pending in C.C.

No.3056/2024 on the file of Hon'ble Principal Senior Civil Judge and C.J.M., Udupi for the offences under sections 323, 506 and 34 of I.P.C., which is arising out of Crime No.73/2024 of Malpe Police Station, Udupi, is hereby quashed.