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2025 DAILYLAW 29775 (KAR)

SRI. ASISH JAIN v. THE STATE OF KARNATAKA

CRL.P/7232/2024 · 2025-06-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22695 CRL.P No. 7232 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7232 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. ASISH JAIN, S/O. AJITH, AGED ABOUT 25 YEARS, R/AT NO. 22177, P.J.P. APARTMENT, NAGASANDRA, BENGALURU CITY, KARNATAKA – 560 073. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SADASHIVA NAGAR PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. 2. SMT. TRISHA G., D/O GILBERT MARI ROLAND, AGED ABOUT 23 YEARS, NO. 629, STANZA LIVING, MANCHESTER HOUSE, HEBBALA DASA, BENGALURU CITY, KARNATAKA – 560 094. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 IS SERVED & UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22695 CRL.P No. 7232 of 2024 THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1060/2024 AND ORDER DATED 11.01.2024 ON THE FILE OF LEARNED I ACMM COURT, NRUPATUNGA ROAD, BANGALORE CITY, FOR THE ALLEGED OFFENCE UNDER SECTION 509 OF IPC, INCLUDING THE FIR, COMPLAINT AND CHARGE SHEET IN CR.NO.203/2023, REGISTERED BY RESPONDENT NO.1 POLICE. 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, petitioner seeks for the following reliefs: a) Allow this Criminal Petition and quash the entire proceedings in C.C.No.1060/2024 and order dated 11.01.2024 on the file learned I ACMM Court, Nrupatunga Road, Bangalore City for the alleged offence under Section 509 of IPC including the FIR, Complaint and Chargesheet in Crime No.203/2023 registered by Respondent No.1 police. b) Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:22695 CRL.P No. 7232 of 2024 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest the petition. 4. A perusal of the material on record will indicate that it is the case of the prosecution that on 08.08.2023 around 10.30 p.m., at New BEL Road below Chapter One Bar and Restaurant, three unknown persons are alleged to have called her fat and they have indulged in body shaming her, due to which, respondent No.2 suffered from mental trauma. Pursuant to the said incident, respondent No.1 registered the FIR in Crime No.203/2023, which is currently pending in CC No.1060/2024 before the I Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru City for the offences punishable under Section 509 of IPC. Aggrieved by the same, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the - 4 - HC-KAR NC: 2025:KHC:22695 CRL.P No. 7232 of 2024 impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 5. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.1060/2024 arising out of Crime No.203/2023 on the file of I Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru City, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 16