- 1 - NC: 2025:KHC:12450 CRL.P No. 2770 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.2770 OF 2024 BETWEEN: SVEN SALINS AGED ABOUT 31 YEARS S/O LATE RONALD SALINS RESIDING AT MISSION COMPOUND 76, BADAGABETTU, UDUPI TALUK UDUPI DISTRICT-576 257 …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY SHO OF UDUPI TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR AMBEDKAR VEEDHI HIGH COURT, BENGALURU PIN-560 001 2. DANIAL SALINS AGED ABOUT 51 YEARS S/O SEBASTIAN SALINS 5-4-4A, MISSION COMPOUND 76, BADAGABETTU, UDUPI TALUK UDUPI DISTRICT PIN-576 257 …RESPONDENTS (BY SRI.LAKSHMANA B, HCGP FOR R.1; SRI.NAVEEN KUMAR, ADVOCATE FOR R.2) Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12450 CRL.P No. 2770 of 2024 THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 29.03.2021, HAVING TAKEN COGNIZANCE OF OFFENCE AGAINST THE PETITIONER BY THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.643/2021 FOR THE OFFENCE P/U/SEC.323, 504 AND 506 OF IPC AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused No.1, who has been charge- sheeted for offences punishable under Sections 323, 504, and 506 read with Section 34 of the IPC, is before this Court seeking relief. 2. The prosecution alleges that on 16.11.2020, when accused No.1 had taken C.W.1 to the house of accused No.2, a quarrel arose between accused No.2 and C.W.1 over a property dispute. When C.W.2 came to pacify the situation, accused No.1 assaulted C.W.2 by striking him on the head with his hands and twisting his finger. Later, when C.W.1 attempted to rescue C.W.2, accused No.1 further assaulted him with his legs, pushed him to the ground, and abused him in filthy language, with dire consequences. 3. I have heard the learned counsel for the parties. 4. Admittedly, C.Ws.1 and 2 did not seek any treatment for the injuries allegedly sustained from the assault - 3 - NC: 2025:KHC:12450 CRL.P No. 2770 of 2024 by accused No.1, and there is no medical evidence to substantiate that they sustained injuries sufficient to constitute an offence punishable under Section 323 of the IPC. The complaint states that accused No.1 abused C.Ws.1 and 2 in filthy language and threatened them with dire consequences. However, such intentional insult did not result in a breach of public peace or the commission of any other offence by C.Ws.1 and 2. In the absence of the essential elements required to constitute the offences under Sections 504 and 506 of the IPC, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 5. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in CC.No.643/2021 on the file of the learned Additional Civil Judge and JMFC, Udupi in so far it relates to the petitioner - accused No.1 stands quashed; Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 6