IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29255 OF 2023 (GM-RES)

BETWEEN:

1. PRAVEEN R., AGED ABOUT 34 YEARS SON OF MR RAMACHANDRA K.C.

RESIDING AT 3, 1^ST CROSS 22^ND MAIN BEHIND BTS GARAGE DVK GARDEN, VIJAYANAGAR BENGALURU - 560 040 KARNATAKA, INDIA

2. BASAVARAJAPPA P AGED ABOUT 41 YEARS RESIDING AT KANNADA KUTEERA APARTMENTS NO.511/9, 3^RD FLOOR

11^TH CROSS, NAGAPURA MAIN ROAD WEST OF CHORD ROAD, II STAGE MAHALAKSHMIPURAM LAYOUT BENGALURU - 560 086 Digitally signed by KARNATAKA -INDIA REKHA R Location: High WRONGLY SHOWN IN FIR AS BASAVARAJ Court of Karnataka

3. MANISH KUMAR BANSAL AGED ABOUT 44 YEARS SON OF MR. RAMESH KUMAR BANSAL RESIDING AT B 1703 RUSTOMJEE ORIANA KALANAGAR BANDRA (EAST)

MUMBAI - 400 051 MAHARASHTRA, INDIA …PETITIONERS (BY SRI. SHRAVANTH ARYA TANDRA, ADVOCATE)

AND:

1. STATE BY DEVARAJEEVANAHALLI POLICE STATION

3, SURVEY NO.4, MUNIMARAPPA BLOCK, DR. AMBEDKAR NAGAR DEVARA JEEVANAHALLI BENGALURU - 560 045 REPRESENTED THROUGH SPP 2. MR. BASAVALINGSWAMY SON OF MR.CHANDRASHEKARAIAH AGED ABOUT 47 YEARS RESIDING AT VILLA NO.181, ADARSH VISTA, BASAVANAGAR BENGALURU - 560 037 KARNATAKA, INDIA …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1 R-2 SERVED BUT UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIRST INFORMATION REPORT BEARING NO.0062/2023 DATED 18.03.2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 420, 506 AND 34 OF THE INDIAN PENAL CODE, 1860 OF THE R1 ANNEXURE-A AND ALL CONSEQUENT PROCEEDINGS ARISING THEREFROM THAT HAVE BEEN INITIATED ON THE BASIS OF A COMPLAINT DATED 18.03.2023 ANNEXURE-B PENDING ON THE FILES OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, NRUPATUNGA ROAD, BANGALORE CITY IN FAVOUR OF THE PETITIONERS AND ETC.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioners seeks the following reliefs:

i. Issue a writ of certiorari and/or a direction and/or an order or any other appropriate writ to Quash the First Information Report bearing No.0062/2023 dated 18.03.2023 for the offences punishable under Section 409, section 420, Section 506 and Section 34 of the Indian Penal Code, 1860 of the Respondent No.1 (Annexure-A) and all consequent proceeding arising therefrom that have been initiated on the basis of a complainant dated 18.03.2023 (Annexure- B) pending on the files of the IV Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City in favour of the petitioner; and ii. Pass any other order as this Hon'ble Court deem fit in the interest of justice.

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2/complainant having been served with notice has chosen to unrepresented before this Court and not contested the petition.

3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner pointed out that the impugned complaint does not contained necessary ingredients so as to constitute offences punishable under Sections 409, 420 & 506 r/w Section 34 of IPC against the petitioners, who have been illegally arraigned as accused Nos.2, 3 & 4 in the impugned complaint. It is submitted that the dispute, if any, between the petitioners and respondent No.2/complainant is purely civil in nature and the same cannot be given a criminal colour by resorting to filing the present false and frivolous complaint, continuation of proceedings against the petitioners would tantamount to abuse of process of law warranting interference in the present petition. In support of the submission, leaned counsel for the petitioners has placed reliance upon the following judgments.

i) Vijay Kumar Ghai vs. State of