- 1 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6400 OF 2024 C/W CRIMINAL PETITION NO. 4277 OF 2025 IN CRL.P No. 6400/2024 BETWEEN: MR. B.RAJENDRA PRASAD S/O BASAVANNACHARI AGED ABOUT 48 YEARS R/AT 384/15, GARUTHMAN APARTMENT 15TH MAIN ROAD, MC LAYOUT VIJAYANAGARA, BENGALURU – 560 040. …PETITIONER (BY SRI PARAMESHWAR N. HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CUBBON PARK P.S, REPRESENTED THROUGH ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 01. 2. MR. DHANAPAL M. JAIN S/O MISHREEMAL MEHTA AGED ABOUT 51 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 R/O NO. 64/A, 5TH CROSS 3RD MAIN, CHAMARAJPETE BENGALURU CITY KARNATAKA – 560 018. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI GURURAJA SHETTY K., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.14029/2024 REGISTERED FOR THE OFFENCE P/U/S 324 OF IPC BY THE RESPONDENT POLICE AND PENDING ON THE FILE OF XLI ADDL. CMM, BANGALORE CITY. IN CRL.P NO. 4277/2025 BETWEEN: MR. DHANPAL M. JAIN S/O MISHREEMAL MEHTA AGED ABOUT 51 YEARS R/AT NO. 64/A, 5TH CROSS 3RD MAIN, CHAMARAJPETE BENGALURU CITY KARNATAKA – 560 001. ...PETITIONER (BY SRI GURURAJA SHETTY K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CUBBON PARK POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 01. 2. MR. B.RAJENDRA PRASAD - 3 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 S/O BASAVANNACHARI AGED ABOUT 48 YEARS R/AT 384/15, GARUTHMAN APARTMENT 15TH MAIN ROAD, MC LAYOUT VIJAYANAGARA, BENGALURU – 560 040. ...RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI PARAMESHWAR N. HEGDE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.3002/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 341, 504, 323 OF IPC BY, THE RESPONDENT POLICE AND PENDING ON THE FILE OF THE XLI ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Both these petitions arise out of solitary incident that takes place on 19.11.2023 and results in a case and a counter case. It is therefore, both these petitions are taken up together and considered by this common order. 2. Heard Shri Gururaja Shetty K., learned counsel appearing for the petitioner; Shri B.N. Jagadeesha, learned - 4 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 Additional Special Public Prosecutor appearing for respondent No.1 and Shri Parameshwar N. Hegde, learned counsel appearing for respondent No.2. 3. Facts in brief germane are as follows: The second respondent is the complainant in Crl.P.No.6400/2024. The petitioner in Crl.P.No.6400/2024 is the complainant in the companion petition. On 19.11.2023, a complaint comes to be registered alleging that the complainant in Crl.P.No.6400/2024, has been a member of the Karnataka State Lawn Tennis Association for over 20years and used to visit the gym every day from 6.30 p.m. to 7.30 p.m. It is alleged that on the said date, the complainant was speaking with the manager one Shri Rudresh. The petitioner is said to have taken a glass and thrown at the complainant and goes outside. The averment is that Shri Rudresh is also suspected to have been involved in the incident with the petitioner. Based upon the said incident, the complainant registers a complaint, which becomes a crime in crime No.239/2023 for offence punishable under Section 324 read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short). The police after investigation filed a charge sheet against the petitioner and the - 5 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 matter is now pending as C.C.No.14029/2024. The filing of the charge sheet and issuance of summons has driven the petitioner to this Court in the subject petition. The aforesaid are the facts in Crl.P.No.6400/2024. In Crl.P.No.4277/2025, The subject criminal petition calls in question proceedings in C.C.No.3002/2024. The incident is the same. On the crime being registered against the petitioner, the petitioner has registered a crime against the complainant, which becomes a crime in crime No.240/2023. Again, it is for the same offence, the ones punishable under Sections 341, 504, 323 and 506 of the IPC. The police after investigation have filed a charge sheet against the petitioner and the matter is pending in C.C.No.3002/2024. Since on the same incident, two crimes have sprung, one by the complainant and one by the accused, in each of the cases, they are a case and a counter case. The incident is a verbal spat between the petitioner and the respondent. The police after investigation have filed a charge sheet in both the cases. A summary of the charge sheet in crime No.240/2023 reads as follows: - 6 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 "ೆಂಗಳರು ನಗರದ ಕಬ ಾ ೕ ಾಾ ಸರಹೆ ೇ ದ !ೆ.ಎ.ಎ#,$,ಎ ಕ%& ನ%, ಾ'-01 ರವರು ಮತು+ ಕ,.ಸಂ.12ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಸದಸ30ಾ4ರು5ಾ+0ೆ. ಕ,.ಸಂ.12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಆಾUÉÎ ಸದ PÀèಬ6 ಾ7 !ೌಂಟ7 ಬ: ಕು:ತು!ೊಂಡು <ೈ# ನ°è >ಾತ?ಾಡು@ಾಗ ಅ@ಾZÀÑöå ಶಬಗಳನು6 ಉಪEೕ4ಸುF+ದ ಂದ ಆ0ೋ1ಯ GರುದH ಾ'-01 ರವರು ಕ%& ನ ಆಡ:ತ ಮಂಡ: ರವ ೆ ಇ-Jೕ# ಮೂಲಕ ದೂರು ಸ%.ರು5ಾ+0ೆ. ?ಾಂಕ:18/11/2023 ರಂದು ಸಮಯ ಸು>ಾರು 22:00 ಗಂLೆMಂದ 22:30 ಗಂLೆಯ ನಡು@ೆ ಕ,.ಸಂ. 12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಹNೆಯ OೆPೕಷ ಇಟುR!ೊಂಡು ಾ'-01 ರವರನು6 ತSೆದು ಅ@ಾZÀÑöå ಶಬಗ:ಂದ ೈದು !ೈಗ:ಂದ ಎOೆ ಮತು+ ಭುಜ!ೆV WೊSೆದು ಹ¯Éè >ಾY ೆದ !ೆ WಾZರು5ಾ+?ೆ. ಪ,ತ3[ ಘಟ?ೆಯ ಬೆ], ಾ'-04, ಾ'-05 ಮತು+ ಾ'-06 ರವರ Wೇ:!ೆಯನು6 ಪSೆದು !ೇ.ನ ಕಡತದ% ಅಳವY.!ೊಂYರುತ+Oೆ. ಆದ ಂದ ಕ,.ಸಂ.12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಾ'-01 ರವರನು6 ತSೆದು, ಅ@ಾZÀÑöå ಶಬಗ:ಂದ ೈದು ಹ^ೆ% >ಾY ೆದ !ೆ WಾZರುವ_ದು !ೇ.ನ ತ`aಾ !ಾಲದ% ಸಂಗ,b.ದ ಎ^ಾ% ಾPÁëöåcಾರಗ:ಂದ ದೃಡಪ$Rರುತ+Oೆ. ಆದ ಂದ ಆ0ೋ1ಯ GರುದH JೕಲVಂಡ ಕಲಂಗಳ ೕ5ಾ3 Oೋeಾ0ೋಪಾ ಪ$R." and the summary of the charge sheet in crime No.239/2023 reads as follows: "ೆಂಗಳರು ನಗರದ ಕಬ ಾ ೕ ಾಾ ಸರಹೆ ೇ ದ !ೆ.ಎ.ಎ#,$,ಎ ಕ%& ನ%, ಾ'-01 ರವರು ಮತು+ ಕ,.ಸಂ.12ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಸದಸ30ಾ4ರು5ಾ+0ೆ. ಾ'-01 ರªÀgÀÄ ಆUÁUÉÎ, ಸದ ಸದ ಕ%& £À ಾ7 !ೌಂಟ7 ಬ: ಕು:ತು!ೊಂಡು <ೈ# ನ°è >ಾತ?ಾಡು@ಾಗ ಅ@ಾZÀÑöå ಶಬಗಳನು6 ಉಪEೕ4ಸು5ಾ+0ೆಂದು ಕ,.ಸಂ. 12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಾ'-01 ರವರ GರುದH ಕ%& £À ಆಡ:ತ ಮಂಡ: ರವ ೆ ಇ-Jೕ# ಮೂಲಕ ದೂರು ಸ.ರು5ಾ+0ೆ. - 7 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 ?ಾಂಕ:18/11/2023 ರಂದು ಸಮಯ ಸು>ಾರು 22:30 ಗಂLೆMಂದ 22:45 ಗಂLೆಯ ನಡು@ೆ ಾ'-01 ರವರು ಕ%& £À ಾ7 !ೌಂಟ7 ಬ: ಕು:F+ರು@ಾಗ, ಕ,.ಸಂ.12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ತನ6 !ೈಯದ UÁè¸ï £ÀÄß ಾ' - 01 ರವ ೆ ಎೆOಾಗ ಎಡೈನ ಮುಂೈೆ ರಕ+ಾಯ@ಾ4ರುತ+Oೆ. !ೇ.ನ ತ`aಾ !ಾಲದ., ಾ'-06 ರವರು 1fಾದುOಾರರ ರಕ+ದ ಕ^ೆfಾ4ರುವ ಒಂದು `ೕ ಬಣiದ jೕ£ïì ಾ,ಂk ನು6 ಾ'-02 ಮತು+ ಾ'-03 ರ ಸಮ[ಮ ಅ>ಾನತು+ಪY.!ೊಂYರು5ಾ+0ೆ. ಆದ ಂದ ಕ,.ಸಂ.12 ರ% ನಮೂ.ರುವ ಆ0ೋ1ಯು ಾ'-01 ರವ ೆ UÁè¸ï ನು6 ಎೆದು ರಕ+ಾಯ >ಾYರುವ_ದು !ೇ.ನ ತ`aಾ !ಾಲದ ಸಂಗ,b.ದ ಎ^ಾ% ಾlಾcಾರಗ:ಂದ ದೃಡಪ$Rರುತ+Oೆ." If both the summaries of the respective charge sheets in the case and counter case is considered, that a verbal spat between the two leads to the complainant hurling abuses and throwing a glass. The same is alleged against the accused by the complainant, against the complainant by the accused. Therefore, it is an allegation and a counter allegation. 4. Insofar as the complainant in crime No.239/2023 is concerned, there is a wound certificate. The wound certificate depicts a lacerated wound on the left forearm of the complainant. Though there is a wound certificate in the case at hand, both the petitioner and the respondent having realized the folly or having realized that incident has occurred on a verbal spat in the Club House of the Karnataka State Lawn - 8 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 Tennis Association has left the decision to the Court and they would not want to pursue the matter any further. Therefore, I deem it appropriate to notice Section 324 of the IPC. The offences alleged against the petitioner in crime No.239/2023 is the ones punishable under Section 324 of the IPC. Section 324 of the IPC reads as follows: "324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both " Section 324 of the IPC punishes the person, who voluntarily causes hurt with any weapon, much less dangerous weapon. In the case at hand, what is seen is throwing of a glass in the heat of the moment. This, in the considered view of the Court, it would not meet the ingredients of Section 324 of the IPC. 5. The other offences are the ones punishable under Sections 323, 504 and 506 of the IPC. The other offence that is - 9 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 alleged against the complainant, by the accused in crime No.240/2023 is under Section 341 of the IPC. Section 341 of the IPC reads as follows. "341. Punishment for wrongful restraint.— Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. " Section 341 has its ingredients in Section 339 of the IPC. Section 339 of the IPC reads as follows: "339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person." Section 339 of the IPC mandates that the victim should not be allowed to move around anywhere, which would mean restraint. This is neither in the complaint nor in the summary of the charge sheet. Therefore, the offence under Section 341 of the IPC is loosely laid against the petitioner. It would be apposite to refer to the judgment of the Apex Court in the case of KEKI HORMUSJI GHARDA V. MEHERVAN RUSTOM IRANI reported in (2009) 6 SCC 475, wherein it has held as follows: “12. “Wrongful restraint” has been defined under Section 339 IPC in the following words: - 10 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 “339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.” The essential ingredients of the aforementioned provision are: (1) Accused obstructs voluntarily; (2) The victim is prevented from proceeding in any direction; (3) Such victim has every right to proceed in that direction. 13. Section 341 IPC provides that: “341. Punishment for wrongful restraint.— Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.” 14. The word “voluntary” is significant. It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It - 11 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 should be a physical one. They should have common intention to cause obstruction.” As observed hereinabove, what remains are the offences under Sections 504, 506 and 323 of the IPC. 6. In the light of the main offences having no legs to stand, the offences of verbal abuse would also not meet the ingredients as obtaining under Section 503 of the IPC to become an offence under Sections 504 and 506 of the IPC. Therefore, to give a quietus to the dispute between the two, and also noticing the fact that permitting further proceedings would become an abuse of the process of law, I deem it appropriate to pass the following: ORDER i) Criminal petitions are allowed. ii) Proceedings in CC.No.14029/2024 in Crl.P.No.6400/2024 registered for the offence punishable under Section 324 of the IPC, pending on the file of XLI Additional Chief Metropolitan Magistrate, Bangalore City qua the petitioner stands quashed. iii) Proceedings in CC.No.3002/2024 in Crl.P.No.4277/2025 registered for the offence - 12 - NC: 2025:KHC:16603 CRL.P No. 6400 of 2024 C/W CRL.P No. 4277 of 2025 punishable under Sections 506, 341, 504, 323 of the IPC, pending on the file of XLI Additional Chief Metropolitan Magistrate, Bangalore City qua the petitioner also stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 2