- 1 - HC-KAR NC: 2025:KHC:21999 WP No. 29535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.29535 OF 2024 (GM-RES) BETWEEN: 1. RUSHANT KURIENS C/O RUHI KURIENS AGED ABOUT 41 YEARS R/AT FLAT 201, KESARI NANDAN NIVAS NO.35, 1ST MAIN ROAD 4TH MAIN, MARUTHI ENCLAVE HORMAVU, BENGALURU-560 043. …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER INDIRANAGAR POLICE STATION BANGALORE-560 038. 2. SHWETHA N. PATIL D/O NINGANAGOUDA PATIL AGED ABOUT 26 YEARS RESIDENT OF NO.1853/31 19TH CROSS, 21ST MAIN BEHIND MARUTI TEMPLE VIJAYANAGAR BENGALURU-560 040. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R.1; R.2 IS SERVED AND UNREPRESENTED) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21999 WP No. 29535 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE REGISTRATION OF THE CASE IN CRIME NO.248/2024 REGISTERED AT INDIRANAGAR POLICE STATION, BANGALORE, AS AGAINST THE PETITIONER HEREIN WHO IS ARRAIGNED AS AN ACCUSED, FOR THE ALLEGED COMMISSION OF AN OFFENCE WHICH IS MADE PENAL UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA 2023, DATED 18.09.2024 WHICH IS PRODUCED AS ANNEXURE-A., ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner has sought for the following reliefs: "a. Issue a Writ, Order or direction of appropriate nature quashing the registration of the case in Crime No.248 of 2024 registered at Indiranagar Police Station, Bangalore, as against the Petitioner herein who is arraigned as an Accused, for the alleged commission of an offence which is made penal under Section 69 of the Bharatiya Nyaya Sanhita 2023, dated 18.09.2024 which is produced as ANNEXURE-"A"; AND/OR - 3 - HC-KAR NC: 2025:KHC:21999 WP No. 29535 of 2024 b. Pass such other Order/s as this Hon'ble Court may deem fit and proper in the ends of justice." 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 has been served and remained unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed a complaint on 18.09.2024 pursuant to which FIR in Crime No.248/2024 was registered against the petitioner for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 4. In this context, a perusal of the impugned complaint will indicate that apart from the fact that necessary ingredients constituting the aforesaid offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 are conspicuously absent from the same, based on the other material on record comprising of whatsapp communication, it cannot be said that the petitioner is guilty of the offence alleged against him. Under these circumstances, continuation of the impugned proceedings against - 4 - HC-KAR NC: 2025:KHC:21999 WP No. 29535 of 2024 the petitioner would amount to abuse of the process of law warranting interference in the present petition. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in Crime No.248/2024 registered by Indiranagar Police Station, Bengaluru which is pending on the file of 10th Additional CMM Court, Mayohall, Bengaluru qua the petitioner, are hereby quashed. (iii) In view of disposal of the petition, I.A.No.1/2025 also stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 21