- 1 - HC-KAR NC: 2025:KHC:19524 CRL.P No. 12581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12581 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI.MOHAMMED KHASIM EBRAHIM @ AANEES IBRAHIM S/O MOHAMMED IBRAHIM MOOSA, AGED ABOUT 48 YEARS, 2. SRI MOHAMMED JAVEED IBRAHIM, S/O MOHAMMED IBRAHIM MOOSA AGED ABOUT 46 YEARS, BOTH ARE RESIDING AT NO.131, ADJACENT TO NEW MUNICIPAL NO.127, ARMSTRONG ROAD, NEW WARD NO.91, BANGALORE – 560 001 …PETITIONERS (BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BHARATHI NAGAR POLICE, BANGALORE – 560 001 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HK, BANGALORE-01) 2. SRI ZUHAIB S., S/O SANAULLA, AGED ABOUT 31 YEARS, R/AT NO.34 SULTAN NAGAR, 3RD CROSS, SHIVAJINAGAR, BENGALURU – 560 051 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 – SERVED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19524 CRL.P No. 12581 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AND THE ORDER OF REFERENCE DATED 04.09.2024 PASSED IN PCR NO.64548/2024 ON THE FILE OF HON’BLE X ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYO HALL UNIT AT BENGALURU AS AN ABUSE OF PROCESS OF LAW AND CONSEQUENTLY QUASH THE FIR IN CR.NO.137/2024 ON THE FILE OF BHARATHI NAGAR POLICE FOR THE OFFENCE UNDER SEC. 322, 329, 351(2) OF BHARATIYA NYAYA SANHITA, 2023 IN PURSUANCE OF THE ORDER DATED 04.09.2024 PASSED BY THE HON’BLE X ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYO HALL UNIT AT BENGALURU AND CONSEQUENT INVESTIGATION AS AN ABUSE OF PROCESS OF LAW. 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: “Wherefore, the petitioners-accused Nos.1 and 2 most humbly pray that this Hon’ble Court may be pleased to quash the proceedings and the order of reference dated 04.09.2024 passed in P.C.R.No.64548/2024 on the file of Hon’ble X Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru as an abuse of process of law and consequently, quash the FIR in Crime No.137/2024 on the file of Bharathi Nagar Police for the offences under Sections 322, 329 and 351(2) of Bharatiya Nyaya Sanhita, 2023 in pursuance of the order dated 04.09.2024 passed by the Hon’ble X Additional Chief Judicial Magistrate, Mayohall Unit at Bengaluru and consequent investigation - 3 - HC-KAR NC: 2025:KHC:19524 CRL.P No. 12581 of 2024 as an abuse of process of law, and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the ends of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that in the first instance, the petitioners filed the complaint on 28.06.2024 against respondent No.2 which was registered as NCR by jurisdiction police authorities. Thereafter, respondent No.2 filed the counter complaint against the petitioners on 17.08.2024, which was also registered as NCR by the Police Authorities. It is the grievance of the petitioners that despite the complaint and counter complaint given by the petitioners and respondent No.2 against each sides which was registered as FIR in Crime No.137/2024 by the respondent No.2 against the petitioners and respondent No.2, subsequently, filed the impugned PCR No.64548/2024, which was referred to the Police Authorities to the investigation, who - 4 - HC-KAR NC: 2025:KHC:19524 CRL.P No. 12581 of 2024 registered FIR in Crime No.137/2024 against the petitioners for alleged offences under Sections 322, 329, 351 (2) of BNSS which are assailed in the present petition. 5. A perusal of the aforesaid facts and circumstances of the case and the material on record will indicate that after the initial complaint and counter complaint given by both petitioners and respondent No.2 against each other, which did not proceed further and which was registered as NCR, respondent No.2 attempted to file a PCR, which was a counter blast to the proceedings and afterthought which is impermissible in law. It is also relevant to state that averments made in the impugned PCR do not disclose commission of alleged offences against the petitioner, which is yet another circumstances to vitiate the impugned proceedings. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings and the order of reference dated 04.09.2024 passed in P.C.R.No.64548/2024 on the file of Hon’ble X - 5 - HC-KAR NC: 2025:KHC:19524 CRL.P No. 12581 of 2024 Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru and consequently, the FIR in Crime No.137/2024 on the file of Bharathi Nagar Police for the offences under Sections 322, 329 and 351(2) of Bharatiya Nyaya Sanhita, 2023 in pursuance of the order dated 04.09.2024 passed by the Hon’ble X Additional Chief Judicial Magistrate, Mayohall Unit at Bengaluru are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 30