- 1 - NC: 2025:KHC:6341 CRL.P No. 6828 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6828 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SHASHIDHARASWAMI S/O NAGAYYA HUULIKANTIMATH AGE 30 YEARS OCC: TRAINEE NURSING R/AT NO 5048 SIDDARODHA MATH ROAD SIDDARODHA NAGAR OPP VINAYAK MEDICAL STORE HUBBALLI - 580 024. …PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R M C YARD POLICE STATION BENGALURU CITY REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA PRINCIPAL BENCH AT BENGALURU – 560 001. 2. PRIYANKA D/O VIJAYAKUMAR AGE 24 YEARS OCC STUDENT R/O KARGAL VILLAGE MARIKAMBA ROAD SAGARA TALUK, SHIVAMOGGA KARNATAKA - 577241 MOB NO: 9972754144 …RESPONDENTS (BY SRI. THEJES, HCGP FOR R-1 R-2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE COGNIZANCE DATED 30.06.2019 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED / PETITIONER AS REGISTERED IN RMC YARD P.S., CR.NO.0018/2019, PENDING ON THE FILES OF HONBLE 31ST ADDL. Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:6341 CRL.P No. 6828 of 2024 CMM, AT BENGALURU CITY IN C.C.NO.10216/2019 FOR THE OFFENCE P/U/S 354 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, it is most humbly prayed that this Hon’ble Court may be pleased to set aside the cognizance dated 30.06.2019 and entire proceedings against the accused/petitioner as registered in R.M.C. Yard PS Crime No.18/2019 pending on the files of Hon’ble 31st Additional Chief Metropolitan Magistrate, at Bengaluru City in C.C.No.10216/2019 for the offences punishable U/Sec. 354 of IPC, in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2 lodged a complaint on 15.01.2019 inter alia contending that the petitioner had committed the offences punishable under Section 354 IPC. In pursuance of the same, the - 3 - NC: 2025:KHC:6341 CRL.P No. 6828 of 2024 proceedings in C.C.No.10216/2019 are pending before this Court, which are assailed in the present petition. 5. A perusal of the material on record comprising of complaint, charge sheet, FIR, statement of witnesses, documents etc., ingredients constituting the offences under Section 354 of IPC have not been made out by the respondent No.1-Police. In fact, except stating that the person who is alleged to have committed the offence is similar, because the name of the petitioner matches with the name of the person who is alleged to have committed the offence as stated in the FIR, there is no other corroborative material so as to incriminate the petitioner for the alleged offences and consequently, continuation of the impugned proceedings tantamounts to abuse of process of law and the same deserves to be quashed. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.10216/2019, arising out of Crime No.18/2019 registered by respondent No.1-Police, pending on the file of - 4 - NC: 2025:KHC:6341 CRL.P No. 6828 of 2024 the 31st Additional Chief Metropolitan Magistrate, Bengaluru City, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 45