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2025 Supreme(Online)(Kar) 19370
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
MOHAMMED HANEEF – Appellant
Versus
THE STATE – Respondent
CRIMINAL PETITION NO. 4625 OF 2025
For the Appellants/Petitioners: SRI. ABDUL ANSAR P
For the Respondents: SRI. K. NAGESHWARAPPA
Court quashed FIR due to absence of crime ingredients, indicating dispute was civil and misuse of criminal process.
Headnote:(A) BNS, 2023 - Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 - Petition to quash FIR and complaint - Petitioner argued that essential ingredients of the offences are absent and the dispute is civil in nature. The court observed that continuation of criminal proceedings would amount to abuse of process and warranted interference. (Paras 2-5) Results: Petition allowed; FIR quashed.
| Table of Content |
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| 1. petition seeks quashing of fir, claimed allegations are unfounded. (Para 1) |
| 2. the fir lacks necessary ingredients, indicating a civil dispute. (Para 2 , 3) |
ORAL ORDER
In this petition, petitioners seeks the following relief:
"Wherefore, it is humbly prayed that the Honorable Court may kindly be pleased to quash the FIR and Complaint in Crime No.16/2025 registered by Respondent Bantwala rural police station, for the alleged offences under Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 of BNS , 2023 pending in the file of Hon'ble Court of Additional Civil Judge (Jr.Dn) & JMFC Court in the interest of justice."
Respondent No.2 served and unrepresented.
2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed an impugned complaint dated 17.02.2025 registered as an FIR in Cr.No.16/2025 for alleged offences punishable under Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 of BNS , 2023.
