- 1 - NC: 2025:KHC:3923 CRL.P No. 9592 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9592 OF 2023 (482 (Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. DEEKSHIT U S/O UMESH B, AGED ABOUT 32 YEARS R/AT NO.259/1, 1ST CROSS, ROHD, 2ND STAGE, WOC ROAD, RAJAJINAGAR BANGALORE, 1ST BLOCK, MAHALAKSHMIPURAM LAYOUT, BANGALORE NORTH – 560 086. 2. SRI MEHTAB B.S S/O SIKANDAR PASHA AGED ABOUT 36 YEARS NO.20, 7TH CROSS, AGB COLONY, SARASWATIPURAM, NANDINI LAYOUT, BANGALORE NORTH, BANGALORE – 560 096. 3. MS ASHAPARVEEN S.M D/O MOHAMMED PASHA AGED ABOUT 52 YEARS R/A NO.20, 7TH CROSS, AGB COLONY JS NAGARA, SARASWATHI PURAM, NANDINI LAYOUT, BANGALORE NORTH, BANGALORE 560 096. …PETITIONERS (BY SMT. RADHIKA M., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3923 CRL.P No. 9592 of 2023 AND: 1. STATE OF KARNATAKA BY MALLESHWARAM POLICE BANGALORE – 560 003. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SRI. YUSUF S S/O ABDULLA AGED ABOUT 45 YEARS, R/A PLOT NO.002, DS MAX, 7TH CROSS, MALLESHWARAM BANGALORE – 560 003. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.124/2022 ON THE FILE OF THE LEARNED 32ND ADDITIONAL CMM COURT, BENGALURU FOR THE OFFENCE P/U/S 506, 504, 149, 384, 420, 448, 141 OF IPC AND SEC.25(1)(A) OF ARMS ACT OF MALLESHWARAM 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, petitioners seek the following relief: “Wherefore, the petitioners humbly prays that this Hon’ble Court be pleased to quash the FIR in Crime No.124/2022 on the files of the learned 32nd Addl. CMM Court, Bangalore, for the offences punishable U/s 506, 504, 149, 384, 420, 448, 141 of IPC and Sections 25(1) (A) of Arms Act of Malleshwaram police, in the interest of justice.” - 3 - NC: 2025:KHC:3923 CRL.P No. 9592 of 2023 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having served with notice of this petition has chosen to remain unrepresented. 3. A perusal of the material on record in particular FIR in Crime No.124/2022 will indicate that necessary ingredients constituting commission of offence punishable under Sections 506, 504, 149, 384, 420, 448, 141 IPC have not been made out in the complaint. In addition thereto, the delay in filing the complaint on 19.09.2022 in relation to the incident that has occurred on 12.08.2021 is not satisfactorily or properly explained by respondent No.2 in the impugned complaint. 4. In other words, in the absence of necessary ingredients constituting the alleged offences, which are conspicuously absent in the impugned complaint coupled with the unexplained delay in filing the Complaint on 19.09.2022 in relation to an incident i.e., Sale Agreement dated 12.08.2021 that is said to have taken place one year back and in the light of the judgment of the Apex Court in Chanchalpati Das Vs. State of West Bengal – 2023 SCC Online SC 650, I am of the considered opinion that - 4 - NC: 2025:KHC:3923 CRL.P No. 9592 of 2023 continuing of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The FIR in Crime No.124/2022 of 1st respondent Malleshwaram police pending on the file of 32nd Addl. CMM Court, Bengaluru, for the offences punishable under Sections 506, 504, 149, 384, 42, 448, 141 IPC and Section 25(1)(A) of the Arms act, is hereby quashed, insofar as the petitioners are concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 25