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2025 DAILYLAW 19252 (KAR)

MR ABHISHEK AMAR v. THE STATE OF KARNATAKA

CRL.P/2525/2023 · 2025-03-25

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2525 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. ABHISHEK AMAR, S/O MR. NAVIN KUMAR CHAUDHRY, AGE 27 YEARS, R/O SIBM COLLEGE, BOY'S HOSTEL, ELECTRONIC CITY, HOSUR ROAD, BENGALURU - 560 100. …PETITIONER (BY MS. MEDHA HEGDE, ADVOCATE FOR SRI. VIKRAM SIMHA ,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATION HOUSE OFFICER, ELECTRONIC CITY POLICE STATION, BANGALORE - 560 100. REPRESENTED BY SSP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MANSHA GROVER AGE 27 YEARS, D/O UNKNOWN, R/A SIBM COLLEGE, GIRL'S HOSTEL, ELECTRONIC CITY, HOSUR ROAD, BENGALURU - 560 100. …RESPONDENTS (BY SRI. RASHMI PATEL, HCGP FOR R1; R2 IS SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.5/2023 DATED 8TH JANUARY 2023 BEFORE THE ELECTRONIC CITY POLICE STATION, BANGALORE (ANNEXURE-A AND B) OF THE OFFENCE U/SEC. 354, 354(D), 506 AND 376 OF IPC, PENDING BEFORE CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by the petitioner to quash the complaint and FIR in Crime No.5/2023 registered at Electronic City Police Station. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent-State and perused the material on record. 3. Respondent No.2-defacto complainant is served but unrepresented. - 3 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 4. In the complaint lodged with the police, respondent No.2 has alleged that while she was studying in 2nd year MBA in her college, she was dating the petitioner and though she was not interested to continue the relationship, in April 2022, he forced her to have physical relationship with him and when she refused, he physically assaulted and attempted on her life by pressing the neck. Further, he used to follow her and threaten her saying that he will share her photographs in social media and used to blackmail her etc., 5. It is further alleged that, on 06.01.2023 at 12.15 a.m., the complainant met the petitioner downstairs at the hostel and asked him to stop pursuing and contacting her. Subsequently, the petitioner physically assaulted her by repeatedly hitting her forehead with his own, severely squeezed her jaw, pushed her against a vehicle and choked her by gripping her neck and caused injuries to her. - 4 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 6. Learned counsel for petitioner has vehemently contended that there are absolutely no materials placed on record to substantiate the allegations against the petitioner and even with regard to the alleged incident which took place on 06.01.2023, it is the complainant herself who went to the place of petitioner during odd hours. It is further contended that in respect of the incident, prior to lodging the complaint against the petitioner, he had reported the matter to the college authorities alleging harassment by the complainant. Document at Annexure-K is relied by the learned counsel, namely the mail sent by the petitioner to the warden and the college authorities. 7. There is substance in the contention raised by the learned counsel that regarding incidents alleged to have taken place prior to 06.01.2023, there is no sufficient material, except vague allegations. Insofar as the incident which took place on 06.01.2023 is concerned, it is alleged by the complainant that she was physically assaulted by - 5 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 the petitioner etc., for which she took treatment at St.John's Hospital. 8. Learned High Court Government Pleader submitted that the matter is still under investigation. 9. In view of the allegations in the complaint, wherein it is stated that the complainant was physically assaulted and she took treatment at St.John's hospital etc., it is for the Investigation Officer to investigate into the matter and verify the veracity of the complaint allegations. It is stated that the statements of some of the witnesses are already recorded by the Investigation Officer. While conducting investigation, the Investigation Officer is required to take into consideration all the materials on record including the mail sent by the petitioner to the college authorities and the allegations made that the petitioner was assaulted by the complainant. 10. Petitioner is at liberty to challenge the final report, if any filed against him. - 6 - NC: 2025:KHC:12628 CRL.P No. 2525 of 2023 The petition is dismissed. I.A.No.2/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 40 CT: BHK