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2025 DAILYLAW 23223 (KAR)

SHRI V A PRABHAKAR v. THE STATE OF KARNATAKA

WP/10399/2025 · 2025-04-04

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14502 WP No. 10399 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 10399 OF 2025 (GM-RES) BETWEEN: 1. SHRI V A PRABHAKAR (NAME STATED IN FIR AS PRABHAKAR) S/O V KYLASAPATHY AGED ABOUT 58 YEARS RESIDING AT S-904 KADERANAHALLI, NEAR HDFC BANK OUTER RING ROAD, BENGALURU - 560 070. 2. SHRI. SANTHOSH M K (NAME STATED IN FIR AS SANTHOSH) SON OF VASUDEVAN NAIR C.P. AGED ABOUT 47 YEARS MALLISERIKALATHIL, ELAMKULAM PALATHOLE, MALAPPURAM, KERALA 679 340. 3. SHRI. HARIHARASUDHAN NARAYANASAMI (NAME STATED IN FIR AS HARIHARASUDHAN) SON OF NARAYANASAMY AGED ABOUT 36 YEARS RESIDING AT NO. 2/2, MARIYAMMAN KOYIL STREET MELAPERUMPALLAM, THARANGAMBADI TALUKA MELAPERUMPALLAM, NAGAPATTINAM TAMIL NADU 609 107. …PETITIONERS (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14502 WP No. 10399 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH YELAHANKA POLICE STATION SH 9, AMBEDKAR COLONY YELAHANKA, BENGALURU 560 065 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001. 2. SHRI. JALLI JAGANNATHRAO SHRI. JALLI VENKATA RATNAM NAIDU H. NO. 3-115, JALLI STREET MADUGULA MANDALAM, MADUGULA KODURU, VISAKHAPATNAM ANDHRA PRADESH-531027. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1; SRI. ABHINAG S, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950, R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO. 0101/2025 DATED 21.03.2025 BY THE YELAHANKA POLICE STATION REGISTERED FOR OFFENCES UNDER SECTIONS 125, 125(a) AND 125(b) OF THE BHARATIYA NYAYA SANHITA, 2023 (ANNEXURE-A) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the registration of the FIR for the offences punishable under Sections 125, 125(a), and 125(b) of the Bharatiya Nyaya Sanhita, 2023. - 3 - NC: 2025:KHC:14502 WP No. 10399 of 2025 2. The FIR was registered against the petitioners based on allegations that when respondent No.2 allegedly climbed a staircase to the second floor of a construction site, he slipped and fell down three steps, resulting in a fracture to his left hand. 3. The petitioners and respondent No.2 are present before this Court. Respondent No.2 has filed an affidavit stating that he has not lodged any complaint with the police and that after he sustained the accidental injury, the petitioners bore all his medical expenses and also granted him paid leave during the period of treatment. He further states that he has no objection to quashing the impugned proceedings. The affidavit filed by respondent No.2 is taken on record. 4. In view of the fact that the parties have amicably resolved the matter, proceeding with the investigation would serve no useful purpose. The likelihood of the police filing a charge sheet in light of the settlement is remote and bleak. Even otherwise, the allegations made do not fulfill the essential ingredients required to constitute the offences alleged. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. - 4 - NC: 2025:KHC:14502 WP No. 10399 of 2025 5. Accordingly, the petition is allowed. The FIR registered in Crime No.101/2025 by Yelahanka Police Station is hereby quashed in its entirety. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 4