- 1 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4625 OF 2022 BETWEEN: VISHNUPRIYA PRABHAKAR D/O PRABHAKAR REDDY AGED ABOUT 23 YEARS RESIDING AT G-15 SUMADHURA VASANTHAM APTS MAHADEVAPURA BENGALURU-560 048 …PETITIONER (BY SMT. RAMA RAMACHANDRA IYER, ADVOCATE) AND: 1. THE STATE BY MAHADEVAPURA POLICE STATION WHITEFIELD MAIN ROAD KRISHNARAJAPURA BENGALURU-560 048 2. DR.SANJEEV RAO BOLLU AGED ABOUT 65 YEARS RESIDING AT NO.402 SUMADHURA VASANTHAM NCPR INDUSTRIAL LAYOUT MAHADEVAPURA BENGALURU-560 048 …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R.1; R.2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE PROCEEDINGS AGAINST THE Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 PETITIONER IN C.C.NO.55047/2021 PENDING ON THE FILE OF THE HON'BLE XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, AND ETC., THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No.3 in Crime No.175/2021 of Mahadevapura Police Station, Bengaluru, pending in C.C.No.55047/2021 on the file of the learned XXIX A.C.M.M. Court, Bengaluru, for the offences punishable under Sections 448, 323, 504, 506 read with 34 of Indian Penal Code ( for short 'IPC') is seeking to quash the criminal proceedings initiated against him by respondent No.2. 2. Brief facts of the case are that, respondent No.2- complainant has filed the present complaint against accused Nos.1 to 3 alleging commission of offences punishable under Sections 448, 323, 504, 506 and 34 of IPC. It is stated that on 30.06.2021 at 10:00 A.M., the complainant opened the door on ringing of the calling bell. Accused Nos.1 to 3, illegally trespassed into the house and dragged CW.1 by holding his inner wear, and accused Nos.2 and 3 abused the wife of the - 3 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 informant with filthy language and assaulted her with hands. Accused No.1 damaged the laptop belonging to the complainant, and all the accused together have damaged the other valuables and criminally-intimidated the complainant and his family members to take away their lives and locked them in the room. In that regard, on receiving the complaint, NCR No.290/2021 was registered and it is stated that it was referred to the learned Magistrate. Upon receiving the direction from the learned Magistrate, FIR in Crime No.175/2021 of Mahadevapura Police Station, Bengaluru, came to be registered. Investigation was undertaken and the charge sheet came to be filed for the aforesaid offences against accused Nos.1 to 3. 3. Heard Smt.Rama Ramachandra Iyer, learned counsel for the petitioner and Smt.Rashmi Patel, learned High Court Government Pleader for respondent No.1. Perused the materials on records. 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 4 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 “Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 5. Learned counsel for the petitioner contended that the petitioner was aged 21 years. She has been falsely roped in the case only to pressurize accused Nos.1 and 2. She is the grand daughter of accused No.2 and daughter of accused No.1. Three ladies were residing in the house. There was a civil litigation pending between the parties. 6. It is stated that the informant and his wife took an apartment and a godown on rent from accused No.1. The rents were not being paid regularly. Suit for eviction from the apartment as well as from the godown was filed in O.S.No.25323/2021 and Com.O.S.No.243/2022. In the meantime, the complainant and his wife vacated the apartment. Com.O.S.No.347/2021 is filed seeking recovery of rent from godown and the same came to be decreed on 18.01.2023. Execution case in Com.Ex.No.168/2024 was filed. Similarly, Com.O.S.No.214/2014 was filed for recovery of - 5 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 arrears of rent in respect of the apartment and the same was decreed. The complainant filed O.S.No.1075/2020 seeking grant of permanent injunction against accused No.1. Even though, these civil litigations were pending, the complainant with an intention to pressurize accused No.1, has filed false complaint implicating the petitioner herein. Such contention taken by the petitioner is considered in the light of the charge sheet materials placed on record. 7. It is stated that C.W.1 being the complainant and C.W.2 being his wife were assaulted by the accused. Of course, it is stated that they have assaulted with hands. Admittedly, no injury is sustained by complainant and his wife. There is also no medical record of any Medical Officer. C.W.3- Smt.Palaniyamma, is cited as an eye witness to the incident. She was working as domestic help in the house of the complainant. Her statement recorded by the Police under Section 161 of Cr.P.C., discloses that it is the statement verbatim same as that of C.W.2-wife of the complainant. On going through the statement of the independent eye witness-Smt.Palaniyamma, it is clear that the Police have never - 6 - NC: 2025:KHC:3109 CRL.P No. 4625 of 2022 recorded her statement and they have copied the statement of C.W.2. There is absolutely no explanation for the same. 8. Under these circumstance, I am of the opinion that there are no reasons to permit the criminal proceedings to continue against the petitioner as it would amount to infringement of the right of the petitioner and also abuse of the process of the Court. Therefore, I am of the opinion that the criminal proceeding is liable to be quashed. 9. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed; (ii) The criminal proceedings in C.C.No.55047/2021 pending on the file of the learned XXIX ACMM, Bengaluru, (arising out of Crime No.175/2021 of Mahadevapura Police Station, Bengaluru) for the offences punishable under Sections 448, 323, 504, 506 read with 34 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE AV/List No.: 1 Sl No.: 19