- 1 - NC: 2025:KHC:10407 CRL.P No. 2935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2935 OF 2025 BETWEEN: 1. SMT POORNIMA W/O M.FAKIRAPPA, AGED ABOUT 40 YEARS, PRINCIPAL OF MORARJI DESAI RESIDENTIAL SCHOOL, ALALAGERE, NARASIMHARAJAPURA, CHICKMAGALURU- 577134 …PETITIONER (BY SRI. NAIK NITYANAND VENKATARAMAN.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHO, MANIPAL P.S, REPRESENTED SPP, HIGH COURT BUILDING, BENGALURU- 560001. …RESPONDENT (BY SRI. LAKSHMAN.B, HCGP FOR RESPONDENT NO.1) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a. QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1914/2024 IN THE FILE OF THE COURT OF ADDL.CIVIL JUDGE AND JMFC AT UDUPI AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10407 CRL.P No. 2935 of 2025 ORAL ORDER 1. The petitioner, who is charge-sheeted for offences punishable under Section 82 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and Sections 324, 201, and 34 of the IPC, is before this Court seeking the following relief: • (a) To quash the entire proceedings in CC No. 1914/2024 pending before the Court of the Additional Civil Judge and JMFC at Udupi. • (b) To set aside the Order of Cognizance dated 29.06.2023 in CC No. 1914/2024 in the file of the Court of the Additional Civil Judge and JMFC at Udupi. • (c) To grant such other orders or directions as this Hon’ble Court deems fit in view of the facts and circumstances of the case. 2. The prosecution alleges that Accused No. 1, a physical instructor, and Accused No. 2, the Principal at Morarji Desai Residential School, used to beat students with sticks for not obeying their orders. 3. Heard submissions from the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The allegations against the petitioner assert that he used to beat a student named Trisha, who was - 3 - NC: 2025:KHC:10407 CRL.P No. 2935 of 2025 studying in grade 6, for failing to obey orders. The alleged incidents occurred between 01.09.2022 and 30.09.2022, and an FIR was lodged on 29.06.2023 without any plausible explanation. Moreover, the prosecution has not produced any material evidence to substantiate that the student sustained injuries that would constitute an offence under Section 324 of the IPC. 5. In RAJAN @ RAJU vs. SUB-INSPECTOR OF POLICE AND ORS (Crl. MC. No. 237/2018, disposed on 07.12.2018), the Kerala High Court held that when a student is sent to school by a parent or guardian, there is an implied consent that the student will be under the discipline and control of the school authorities. This implied consent extends to the application of reasonable punishment necessary for maintaining school discipline or for correction. The Court further held that parents, teachers, and other persons in loco parentis are entitled to apply a reasonable degree of force to a child or pupil who is sufficiently mature to understand the purpose of such disciplinary measures. 6. In the instant case, the prosecution has not established that the chastisement administered by the petitioner exceeded the child’s capacity to endure it. Therefore, even if the allegations are accepted at face value, they do not satisfy the essential elements required to constitute the offences alleged. Under these - 4 - NC: 2025:KHC:10407 CRL.P No. 2935 of 2025 circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following orders: ORDER i. The petition is allowed. ii. The impugned proceedings in C.C.No.1914/2024 on the file of Addl. Civil Judge and JMFC, Udupi is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 78