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2025 DAILYLAW 15646 (KAR)

SOMASHEKAR.G v. THE STATE OF KARNATAKA

CRL.P/1187/2024 · 2025-07-01

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23524 CRL.P No. 1187 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1187 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI SOMASHEKAR G., SON OF LATE A GOPAL, AGED ABOUT 28 YEARS, 2. SRI SAMPANGI G. @ SAMPANGIRAM G., SON OF LATE A GOPAL, AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT NO.814/464, 5TH MAIN, 4TH BLOCK, 1ST STAGE, HBR LAYOUT, BANGALORE – 560 043. …PETITIONERS (BY SRI. SHREERAM TIMMAPPA NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA GOVINDAPURA POLICE STATION, REP. BY THE SPP HIGH COURT, BANGALORE – 560 001. 2. SMT. VANITAKUMARI AGED ABOUT 72 YEARS, WIFE OF J S KUMAR, RESIDING AT NO.394, 4TH MAIN ROAD, 4TH BLOCK, KALYAN NAGAR, HBR LAYOUT, BENGALURU – 560 043. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.321/2023 AS AGAINST THE PETITIONERS FOR THE OFFENCE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23524 CRL.P No. 1187 of 2024 P/U/S.354-A, 506, 34, 324 OF IPC FILED BY THE RESPONDENT NO.1 GOVINDAPURA POLICE STATION BEFORE THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT MAYO HALL BENGLAURU AS PER ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following relief: “Quash the FIR in Crime No.321/2023 as against the petitioners for the offences punishable under Sections 354(A), 506, 34, 324 of IPC filed by the respondent No.1 – Govindapura Police Station before the XI Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru as per Annexure – A.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented. 3. A perusal of the material on record comprising of FIR, and complaint, etc., do not disclose commission of offence and clearly indicate that there is no valid nor sufficient material available for continuation of the aforesaid proceedings as against the petitioners. Under these circumstances, in order to secure the - 3 - HC-KAR NC: 2025:KHC:23524 CRL.P No. 1187 of 2024 ends of justice, I deem it just and appropriate to exercise my jurisdiction under Section 482 Cr.P.C. r/w 528 BNSS and quash the impugned proceedings. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned FIR in Crime No.321/2023 registered by the Govindapura Police Station, pending on the file of the XI Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru, for the offences punishable under Sections 354(A), 506, 34, 324 of IPC, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 7