- 1 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 11482 OF 2023 BETWEEN: 1. SMT. HEMALATHA R., W/O SRINIVAS B.P. AGED ABOUT 59 YEARS, R/AT NO 169/Y, 13TH MAIN ROAD 3RD BLOCK, RAJAJINAR, BENGALURU 560010. 2. SMT. KALPANA R., W/O B M SURESH KUMAR AGED ABOUT 57 YEARS RA/T NO 1012, 1ST MAIN ROAD VIJAYANAGARA, BENGALURU 560 040. 3. SRI THARANATH A., S/O T.ASHWATHNARAYANA, AGED ABOUT 49 YEARS, R/AT NO.248, 53RD C CROSS, 17TH D MAIN, 3RD BLOCK RAJAINAGAR, BENGALURU 560 010. (IN THE FIR NAME WRONGLY MENTIONED AS 'TARANATH') 4. SMT. SUSHEELA N., W/O T. ASHWATHNARAYANA, AGED ABOUT 69 YEARS, R/A NO 248, 53RD C CROS, 17TH D MAIN, 3RD BLOCK, RAJAINAGARA, BENGALURU 560 010. Digitally signed by ANUSHA V Location: High Court Of Karnataka - 2 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 5. SRI B.P. SRINIVAS, S/O PUTTAMUDDAPPA, AGED ABOUT 56 YEARS, R/A NO 169/Y, 13TH MAIN ROAD RAJAJINAGAR, BENGALURU 560 010. …PETITIONERS (BY SRI MAHESH Y.L., ADVOCATE) AND: 1. STATE OF KARNATAKA RAJAJINAGAR P.S. REP BY PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA BENGALURU 560 001. 2. SRI NALINA R W/O D K RAMESH AGED ABOUT 62 YEARS R/AT NO 42/1, BELAKU 5TH CROSS, 8TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BENGALURU 560 080. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI ASHOK B. PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE FIR REGISTERED BY THE RAJAJINAGAR P.S. IN CR.NO.194/2023 (ANNEXURE-A) AND THE COMPLAINT DATED 06.11.2023 (ANNEXURE-B) FOR THE OFFENCE P/U/S 341, 323, 504 R/W 34 OF IPC PENDING ON THE FILE OF XXXIX ADDL.C.M.M., BENGALURU AND THE ORDER DATED 07.11.2023 PASSED BY THE XXXIX ADDL.C.M.M., BENGALURU GRANTING PERMISSION TO THE - 3 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 RAJAJINAGAR POLICE TO REGISTER THE FIR AND COMMENCE INVESTIGATION AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 341, 323, 504 R/W 34 OF IPC, IN NCR.NO.210/2023 AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioners being accused Nos.1 to 5 are seeking to quash the criminal proceedings initiated against them in Crime No.194/2023 of Rajajinagar Police Station, Bengaluru, for the offences punishable under Sections 323, 341, 504 read with Section 34 of Indian Penal Code (for short 'IPC'), on the basis of permission accorded by the learned 39th Additional Chief Metropolitan Magistrate, Bengaluru, vide order dated 07.11.2023 to register the FIR and to investigate into the matter. 2. Brief facts of the case are that, respondent No.2, the victim being the injured informant, has given her statement to the police officer on 06.11.2023 between 20:00 and 21:00 hours stating that on 04.11.2023, she received the phone call - 4 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 that her mother had fallen from the wheelchair and sustained injury. Immediately, she rushed to her mother's house in an auto-rickshaw. When she got down from the auto-rickshaw in front of her parents' house, accused Nos.3 and 5 started abusing her. In spite of that, she entered the house, when accused No.1, being the sister of the informant, snatched her vanity bag. At that time, the victim experienced chest pain. Accused No.1 continued to abuse the informant in filthy language. Accused Nos.1 and 4 were abusing her continuously. Since she was having chest pain, she came inside the house and drank water. In the meantime, the accused ran away from the scene of occurrence. At that time, the son of the victim, by name Mohith, came to the spot. He informed the Hoysala Police and the victim was shifted to Kanva hospital at Rajaji Nagar, thereafter to Apollo Hospital, Sheshadripuram, where the statement of the victim was recorded. Therefore, the victim requested the police to register the case against accused Nos.1 to 5 and to investigate into the matter. She also stated that she was kicked by accused No.2 and therefore, she had chest pain. 3. Police registered NCR No.210/2023 at 21:30 hours and referred the complaint to the learned Magistrate. Learned - 5 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 Magistrate, after receiving said NCR on 07.11.2023, accorded permission to register the FIR and accordingly Crime No.194/2023 for the offence punishable under Sections 341, 323, 504, read with Section 34 of IPC was registered. Immediately thereafter, the petitioners approached this Court to seek quashing of the criminal proceedings. The interim order of stay was granted and therefore, no investigation was undertaken by the Investigating Officer. 4. Heard Sri Mahesh Y.L., learned counsel for the petitioners, Smt.K.P.Yashodha, learned HCGP for respondent No.1 and Sri Ashok B.Patil, learned counsel for respondent No.2. Perused the materials on record. 5. Learned counsel for the petitioners contended that the information provided by the victim to the police is false, with an intention to register the criminal case as there was a dispute amongst the siblings. Even though the incident had occurred on 04.11.2023 at 6:00 p.m., immediately, respondent No.2 was shifted to Kanva Hospital for treatment. She had gone there only with the history of chest pain and not with the history of any assault or abuse, to attract any of the penal provisions. Learned counsel further submitted that immediately - 6 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 thereafter, the victim was shifted to Apollo Hospital at Sheshadripuram, where she was treated as in-patient till 08.11.2023. However, on 06.11.2023, the statement of the victim came to be recorded, wherein the victim has stated that the accused persons have abused her in filthy language and accused No.1 snatched the vanity bag from the victim. Only at the end of the statement, it is stated that accused No.2 kicked her and she had chest pain. But no such history was given at the first instance before the Medical Officer. Even at the time when the victim was shifted to Apollo Hospital at Sheshadripuram, no such history was given either by the victim or by her son, or husband. It is only on 06.11.2023, husband of respondent No.2-victim gave statement implicating all the accused persons stating that they have abused, assaulted and wrongfully restrained her. When the victim herself has not made any such statement and the husband of the victim was not an eyewitness to the incident, the allegations made were false, with an intention to register the criminal case. 6. Learned counsel drawing the attention of the Court to the medical records pertaining to Kanva Hospital and Apollo Hospital contented that, victim or her son, neither have stated - 7 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 commission of offences by any of the accused or about the cause for chest pain. On the other hand, the discharge summary produced by the respondent No.2 and the MLC register extract disclose that the Medical Officer has made it clear that no assault was mentioned by the victim to the Doctors on her admission. But, later, the patient's husband complained of assault. This shows the evil intention on the part of the husband of respondent No.2. In view of the above, learned counsel for the petitioners contended that registration of the FIR and continuation of the criminal proceedings is an abuse of process of law and hence, the petition needs to be allowed. 7. Per contra, learned counsel for respondent No.2, opposing the petition, submitted that the victim suffered chest pain and the accused persons have manhandled and assaulted her. Immediately thereafter, she was taken to Kanva Hospital and from there to Apollo Hospital, where she was treated as in-patient and discharged on 08.11.2023. Learned counsel submitted that on 05.11.2023 itself, the husband of the victim had filed the first information as per Annexure-R3, wherein he has narrated the incident in detail which clearly makes out the - 8 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 offence as alleged. However, the police have not accepted the said first information and proceeded to record the statement of the victim, while she was in a position to give the history and treated the said statement as first information, since there were serious allegations against the petitioners for having committed the offence. There is a prima facie case against the petitioners. Hence, the petition is liable to be dismissed. 8. Learned HCGP for respondent No.1 contended that initially the NCR came to be registered and as per the permission accorded by the learned Magistrate, the FIR came to be registered. The investigation was not undertaken, as there was an interim order granted by this Court. 9. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in ‘Affirmative’ for the following: - 9 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 R E A S O N S 10. It is the contention of respondent No.2 that she received an information that her mother fell down from the wheelchair and sustained injuries. Immediately, she rushed to her house. At the same time, accused Nos.3 and 5, who are the relatives of the victim, abused her in filthy language. Accused No.1 snatched her vanity bag. Accused No.4 also abused the victim and accused No.2 kicked her. As a result of which, she suffered chest pain. Thereafter, the accused had fled from the spot. In the meantime, the son of the victim came to the spot and shifted her to Kanva Hospital. 11. The medical record issued by Kanva Diagnostics Service Pvt. Ltd., is produced as per Annexure-R1 by respondent No.2. According to this document, respondent No.2 was taken to Kanva Hospital at 6:00 p.m., on 04.11.2023, with the history of chest pain. No other history is referred to in Annexure-R1. Annexure-R2 is the discharge summary issued by Apollo Hospital, Sheshadripuram. According to which, respondent No.2, who is aged 61 years and 11 months, was treated as in-patient from 04.11.2023 to 08.11.2023, and the history of the illness is mentioned as under: - 10 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 "Mrs.NALINA R 61 years old female patient known diabetic and hypertensive on treatment presented with the complaints of chest pain since since 6.30 pm on 04/11/2023. Chest pain was sudden in onset, severe intensity, continuous in nature started heated argument with her sisters. She came to Kava Diagnostic Centre with history of chest pain." 12. It is also stated that there is no history of breathlessness, palpitations, giddiness, and syncope. The discharge summary refers to the past history of type 2 Diabetes and Hypertension and the victim being on regular medication. Annexure-R5 is also produced by respondent No.2 which is MLC register extract issued by Apollo Hospital, where the Medical Officer has made the endorsement as under: ."……h/o ASSAULT WAS NOT MENTIONED TO THE DOCTORS. Now patient's Husband complains of assault". 13. Respondent No.2 has also produced Annexure-R3 dated 05.11.2023 and according to the learned counsel for respondent No.2, the husband of the victim lodged the first information as per Annexure-R3 with Rajaji Nagar Police Station explaining about the offences committed by the accused. The endorsement discloses that it was received by the - 11 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 police on 06.11.2021, on which date the statement of the victim was recorded and the FIR came to the registered, after getting permission from the learned Magistrate. 14. Admittedly, the husband of the victim was not an eyewitness. Even the son of the victim was not the eyewitness, but at least he came to the spot and immediately, shifted her to the hospital. The husband of the victim was nowhere in the picture, but he explains in detail about the offences said to have been committed by each of the accused, on the next day, to attract the penal provisions. 15. Respondent No.2 is a lady aged 61 years, having hypertension and diabetes. She had altercations with her sisters as per the history provided at the first instance at Apollo Hospital, after she had been treated at Kanva Hospital. Admittedly, no history of assault or abuse was reported when respondent No.2 was taken to Kanva Diagnostic Centre at the first instance. Even when she was taken to Apollo Hospital, the history of the chest pain was given that she had an altercation with her sisters, which resulted in chest pain. It is only later the husband of the victim started making allegations against the accused for having committed the offences punishable under - 12 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 Sections 323, 341, 504, 506 read with Section 34 of IPC. If at all the accused have committed the offences as stated above, nothing prevented the victim from stating about such acts, immediately after the incident, when she was shifted to Kanva Hospital. From the medical records, it cannot be said that the victim was not in a position to give the history of the chest pain. In fact, she has given the history but it could not corroborate the allegations made in the first information. When there are no prima facie materials to constitute the offence as alleged, when the statement of the victim itself discloses that she started feeling chest pain after altercations with her sisters, I do not find any reason to permit the Investigating Officer to investigate into the matter. The continuation of the criminal proceedings against the petitioners would amount to abuse of process of law. Therefore, I am of the opinion that the criminal proceeding is liable to be quashed. 16. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed. - 13 - NC: 2025:KHC:1887 CRL.P No. 11482 of 2023 (ii) The FIR registered in Crime No.194/2023 of Rajajinagar Police Station, for the offences punishable under Sections 341, 323, 504 read with Section 34 of IPC and order dated 07.11.2023 passed by the learned 39th A.C.M.M., Bengaluru, are hereby quashed. In view of the above, pending I.A.No.1/2024 stands disposed of. Sd/- (M G UMA) JUDGE AV List No.: 1 Sl No.: 23