Petitioner, who is arraigned as accused No.1, has

filed this petition under Section 482 of Cr.P.C, with a

prayer to quash the criminal proceedings in C.C. No.

3759/2021 on the file of I-Additional Senior Civil Judge

and CJM, Dharwad, for the offences punishable under

Sections 143, 500, 504 r/w/s.149 of IPC, pursuant to

cognizance taken in PCR No.3/2020.

3

2.

It

is

the

case

of

the

petitioner

that

respondent No.2 filed a complaint stating that he is a

Director, Producer and Actor by Profession and owner of

MDR Film Institute. He is engaged in making of Kannada

Movie “Adivasi Raju” under the banner of MDR Film City.

He entered into an agreement with petitioner on

09.11.2019

for

providing

Camera

essentials

for

shooting, outdoor shooting unit and post including

censor approval. He has also entered into an agreement

with accused Nos.2 and 3 who agreed to work as

technical Director and Co-actor in the said Film.

2.1. Pursuant to the instigation by accused No.1,

accused No.2 to 5 formed whatsapp groups with the title

“Adivasi Raju”, without his consent added complainant

also to the said whatsapp group and started posting

about 250 defamatory voice messages against the

complainant

in

the

said

group.

Even

though,

complainant exited from the said whatsapp group,

accused persons again added him. When complainant

4

questioned it, they gave evasive reply and abused the

complainant.

2.2. The accused persons have created a new

whatsapp group and started posting false messages that

complainant is suffering from Corona, he cannot see and

hear properly, he is enjoying life at such a ripe age and

he appears to be a devil and thereby accused persons

have damaged the reputation of the complainant’s

institution in the eye of public. Due to the same, no

actors and technicians are coming forward to work

under

complainant’s

banner

and

causing

mental

harassment.

Though

complainant

approached

the

jurisdictional police in order to file complaint, they have

refused to receive the same and therefore he has filed

private complaint for the offences punishable under

section 143, 500 and 504 read with section 149 of IPC.

2.3. Without application of mind, the trial Court

has taken cognizance and issued summons against

5

accused Nos.1 to 5 including the petitioner. Challenging

the same this petition is filed.

3.

Respondent No.1 has appeared through High

Court Government Pleader.

4.

Respondent No.2 has also appeared through

counsel.

5.

During the course of arguments learned

counsel representing the petitioner submitted that to

extract money from the petitioner, respondent No.2 has

filed a false complaint. The matter between them is of

Civil nature and the provisions of Sections 143, 500, 504

read with section 149 of IPC are not attracted and prays

to allow the petition.

6.

On the other hand learned counsel for

respondent No.2 has submitted that respondent No.2

and petitioner entered into an agreement for supplying

of camera essentials and also to provide outdoor

6

shooting unit and post production including the censor

approval. Accused Nos.2 and 3 agreed to work as

Technical Director and Co-actor in the film. In this

regard petitioner has received Rs.4,50,000/- out of total

sum of Rs.6,50,000/-. However, after shooting for 15

days, when the complainant checked the footage, he

found that the footage is not of the good quality as the

camera supplied was not as per required quality. When

the complainant confronted accused No.1/petitioner, he

was annoyed and therefore on the instigation of

petitioner-accused No.1, the remaining accused i.e.

accused No.2 to 5 formed a whatsapp group by name

“Adivasi Raju” without his consent added complainant

also to the said whatsapp group and started posting

about 250 defamatory voice messages against the

complainant

in

the

said

group.

Even

though,

complainant exited from the said whatsapp group,

accused persons again added him. When complainant

questioned it, they gave evasive reply and abused the

7

complainant with the int