- 1 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.3986 OF 2024 C/W CRIMINAL PETITION NO.13687 OF 2024 IN CRL.P No.3986/2024: BETWEEN: 1. SRI. RAGHAVENDRA RAO S/O K. BABU RAO AGED ABOUT 69 YEARS RESIDING AT APARAMEYA NO. 1-134, PALIMAR POST PALIMAR, KAUP TALUK UDUPI DISTRICT 574112. 2. SMT. VANI R. RAO W/O SRI. RAGHAVENDRA RAO AGED ABOUT 65 YEARS RESIDING AT APRAMEYA NO. 1-134, PALIMAR POST PALIMAR, KAUP TALUK UDUPI DISTRICT 574 112. …PETITIONERS (BY SRI. V. LAKSHMI KANTHA RAO, ADV.,) AND: 1. STATE BY EAST ZONE WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 HIGH COURT COMPLEX BANGALORE-01. 2. SMT. CHAITRA B.S. D/O SHIVAKUMAR R/AT. NO.479, 3RD CROSS 3RD D MAIN, R.R. LAYOUT NAGADEVANAHALLI, BENGALURU KARNATAKA-560056. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. BASAVARAJ R. BANNUR, ADV., FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR, COMPLAINT AND THE CHARGE SHEET AS AGAINST THESE PETITIONERS WHO ARE ACCUSED NO.2 AND 3 IN CR.NO.69/2021 OF EAST ZONE WOMAN P.S. WHICH IS NUMBERED AS C.C.NO.32567/2021 FOR THE OFFENCES PUNISHABLE UNDER DOWRY PROHIBITION ACT, 1961, (U/S.4) AND 494, 506, 498(A), 504, 149, 313, 323, 114, 417 OF IPC PENDING ON THE FILE OF THE 6TH A.C.M.M AT BENGLAURU IN THE INTEREST OF JUSTICE AND EQUITY. CRL. P NO.13687 OF 2024 BETWEEN: 1. SRI. ANIRUDDHA RAO S/O SRI. RAGHAVENDRA RAO AGED ABOUT 36 YEARS R/AT NO.1/34, APRAMEYA MAIN ROAD PALIMAR, KARNATAKA 574112. 2. SRI. ARAVINDA RAO S/O SRI. RAGHAVENDRA RAO AGED ABOUT 38 YEARS R/AT NO 1/34, APRAMEYA MAIN ROAD PALIMAR, KARNATAKA 574112. 3. SMT. ANUPAMA RAO W/O LAKSHMINARAYANAN D/O SRI. RAGHAVENDRA RAO - 3 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 AGED ABOUT 40 YEARS R/AT NO 4/46, 1ST FLOOR MURUGAN KOVIL STREET DASANAYACKENPATTY, SALEM TAMILNADU 636201. 4. SMT. SUNANDA HOLLA W/O SRI. PARAMESHWARA HOLLA AGED ABOUT 67 YEARS R/AT JODUKALLU MANJESHWARA TALUK KASARAGODU 671121. 5. SMT. BHAVYASHREE HOLLA W/O SRI ANIRUDDHA RAO AGED ABOUT 32 YEARS R/AT JODUKALLU MANJESHWARA TALUK KASARAGODU 671121. …PETITIONERS (BY SMT. MANJULA D.G. ADV.,) AND: 1. STATE BY EAST ZONE WOMEN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. 2. SMT. CHAITRA B.S. D/O SHIVAKUMAR AGED ABOUT 38 YEARS R/AT NO.479, 3RD CROSS 3RD D MAIN, R R LAYOUT NAGADEVANAHALLI, BENGALURU KARNATAKA 560056. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. BASAVARAJ R. BANNUR, ADV., FOR R2) - 4 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR, COMPLAINT AND THE CHARGE SHEET AS AGAINST THESE PETITIONERS WHO ARE ACCUSED NO.1, 4, 5, 7 AND 8 IN CR.NO.69/2021 OF EAST ZONE WOMAN POLICE STATION WHICH IS NUMBERED AS C.C.NO.32567/2021 FOR THE OFFENCES P/U/S 498A, 506, 504, 494, 149, 313, 323, 114, 417 OF IPC, AND SEC. 4 OF DP ACT, PENDING ON THE FILE OF THE XI ADDL. CHIEF METROPOLITAN MAGISTRATE (IN MAYOHALL UNIT) AT BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the registration of an FIR for offences punishable under Sections 465, 468, 470, 471, 463, and 464 of the IPC. Respondent No.2 filed a private complaint under Section 200 of the Cr.P.C., stating that he is the Secretary of Valmiki Education Society, a society registered under the Karnataka Societies Registration Act, 1960 (for short, ‘the Act’). The Society had filed an application for approval of the list of its members. Pending consideration of the said application and the documents annexed thereto, the petitioners-accused allegedly forged the signature of respondent No.2 on the list of office bearers by enrolling - 5 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 additional members and, thereafter, created documents purportedly showing that a resolution was passed in the Annual General Body Meeting expelling respondent No.2 as Secretary of the Society. The learned Magistrate referred the complaint to the police for investigation under Section 156(3) of the Cr.P.C., pursuant to which the police registered the FIR for the aforesaid offences. Aggrieved by the same, the petitioners have filed this petition. 2. Sri Bipin Hegde, learned counsel representing Sri Sridhara N., learned counsel for the petitioners, submitted that the learned Magistrate has not applied his mind before referring the complaint, and therefore, the referral for investigation under Section 156(3) Cr.P.C. stands vitiated. He further submitted that, on a similar set of allegations, respondent No.2 had filed a complaint before the Registrar under Section 25 of the Act. The Registrar, after conducting an enquiry, closed the complaint, stating that the allegations made against the petitioners were baseless and without any substance. He also submitted that on the same cause of action, respondent No.2 has filed a suit in O.S. No.210/2021 seeking a declaration that the resolution passed to remove him as Secretary is null and void and for other consequential reliefs. Moreover, he submitted that the offences alleged are cognizable in nature and, therefore, the private complaint filed without complying with Section 154(3) Cr.P.C. is not maintainable. - 6 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 3. In response, the learned counsel for respondent No.2 submitted that the allegations in the complaint disclose the commission of cognizable offences and hence require investigation. He submitted that the learned Magistrate, after applying his mind and perusing the complaint, has rightly referred it for investigation under Section 156(3) Cr.P.C. With respect to the enquiry, he submitted that the Registrar’s report was submitted without conducting a proper enquiry, and such a report does not absolve the petitioners of criminal liability. Accordingly, he prayed for dismissal of the petition. 4. The arguments of the learned counsel for the parties have been duly considered. 5. Respondent No.2 had earlier filed a complaint before the Registrar under Section 25 of the Act, challenging the resolution passed by the Society expelling him as Secretary, and also alleging that the petitioners had forged his signature on the list of members, which was subsequently submitted with the application for approval. The Registrar, after conducting an enquiry, submitted a report dated 01.12.2021 stating that the allegations were baseless and without substance, and closed the complaint. On a similar set of allegations, respondent No.2 also filed a suit in O.S. No.210/2021 seeking a declaration that the Annual General Body Meeting of the Society held on 25.03.2021 is null and void, and for a permanent injunction. The said suit is currently pending. The private complaint was filed on 16.10.2023. Admittedly, there is no reference to - 7 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 respondent No.2 having approached the Superintendent of Police under Section 154(3) Cr.P.C. after complying with Section 154(1) Cr.P.C. Compliance with Section 154(3) Cr.P.C. has been held to be mandatory, and non-compliance renders the private complaint not maintainable. 6. A perusal of the order sheet indicates that the learned Magistrate referred the complaint to the police under Section 156(3) Cr.P.C. based on submissions made by the complainant’s counsel and the memo dated 16.09.2023 issued by the Town Police, Chitradurga. The learned Magistrate ought to have perused the complaint in its entirety and satisfied himself that the alleged offences are cognizable and that the complainant has complied with Sections 154(1) and 154(3) Cr.P.C. before referring the complaint under Section 156(3) Cr.P.C. Therefore, the referral of the complaint stands vitiated for non-compliance with Section 154(3) Cr.P.C., and the order is not legally sustainable, having been passed without proper application of mind. 7. The dispute between the parties is seized before the trial court in the suit instituted by the complainant challenging the resolution passed allegedly by fabricating the documents and expelling the complainant as secretary of the society. In such circumstances, continuation of the investigation would amount to an abuse of the process of law. - 8 - NC: 2025:KHC:15038 CRL.P No.3986 of 2024 C/W CRL.P No.13687 of 2024 8. Accordingly, the petition is allowed. The impugned FIR in Crime No.222/2023 registered by Chitradurga Town Police Station, Chitradurga, is hereby quashed. 9. Liberty is reserved to respondent No.2 to agitate his claims in the pending suit. The trial Court shall decide the matter on its merits, uninfluenced by any observations made in this order. 10. The observations made herein are only for the purpose of disposal of the present petition. 11. All contentions of the parties are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 49