- 1 - NC: 2025:KHC:3925 CRL.P No. 10697 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.10697 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: VASANTH KUMAR B N S/O B V NAGARAJ AGED 33 YEARS R/AT NO.177, BETTADASANAPURA BEGUR POST BANGALORE – 560 068. …PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SUBRAMANI S/O DORE SWAMY AGED ABOUT 38 YEARS R/AT NO.41/2, SY NO.44/2 1ST CROSS, GANGA BLOCK BETTADASANAPURA BEGUR HOBLI BANGALORE – 560 068. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1; R2 – SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.142/2023 OF ELECTRONIC CITY POLICE WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S.341, 504, 506 OF IPC WHICH IS PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3925 CRL.P No. 10697 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: “Wherefore, the petitioner above named most respectfully prays that this Hon’ble Court may be pleased to quash FIR in Cr.No.142/2023 of Electronic City Police which has been registered for the offences punishable U/s 341, 504, 506 of IPC which is pending on the file of Chief Judicial Magistrate Bangalore Rural at Bangalore and pass any other relief/s which deems fit in the circumstances of the case, in the interest of the justice and equity.” 2. Heard learned counsel for the petitioner 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 will indicate that in relation to the dispute between the petitioner’s father and respondent No.2 in respect of land bearing Sy.No.43 of Bettadasanapura Village, Begur Hobli, Bengaluru South Taluk, father of the petitioner filed a complaint on 28.06.2023 before the Deputy Commissioner of Police, South East Division, Bengaluru. - 3 - NC: 2025:KHC:3925 CRL.P No. 10697 of 2023 By way of counter blast to the same, respondent No.2 filed the impugned complaint against the petitioner in relation to alleged non-cognizable offences under Sections 504 and 506 of IPC without taking necessary permission from the jurisdictional Magistrate. 4. Further, in order to ensure that FIR is registered against the petitioner, respondent No.2 appears to have invoked Section 341 of IPC in respect of which necessary ingredients are completely absent in the impugned complaint and FIR. Under these circumstances, in the light of the judgment of this Court in the case of Sri Joseph Kanthraj Vs. State of Karnataka – Crl.P.No.9944/2021 dated 03.09.2022 wherein it is held that whenever a complaint is filed as a counter blast to an earlier complaint given by the petitioner, the complaint is liable to be quashed coupled with the fact that without necessary ingredients, Section 341 of IPC had been deliberately with malafide intention invoked only with the oblique motive / purpose of circumventing obtaining of permission from the jurisdictional Magistrate in relation to non-cognizable offences under Sections 504 and 506 of IPC, I am of the opinion that the impugned proceedings insofar as the - 4 - NC: 2025:KHC:3925 CRL.P No. 10697 of 2023 petitioner is concerned is an abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned FIR in Cr.No.142/2023 of Electronic City Police registered for the offences punishable U/s 341, 504, 506 of IPC pending on the file of Chief Judicial Magistrate, Bangalore Rural, Bangalore, insofar as the petitioner is concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 28