- 1 - HC-KAR NC: 2025:KHC:19523 CRL.P No. 13652 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. 13652 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. IMRAN ALIS IMRAN ANJUM DURVESH S/O DURVESH PEERAN T., AGED ABOUT 34 YEARS, R/AT NO 28, GULFAN RESIDENCY, 2ND CROSS, NEAR G M STORE VIVEKANANDANAGAR MARUTHI SEVANGAR, BENGALURU – 560 033 2. ANAS ALIS ANAS SHARIEF S/O ABDUL WAHAB SHARIFF AGED ABOUT 27 YEARS, R/AT NO 7/2, BASAVA NAGAR, NEAR AKBARI MASJID, ARABIC COLLGE, K G HALLI, BENGLURU – 560 045 3. RAJEEV KUMAR, S/O KRISHNA PRASAD, AGED ABOUT 38 YEARS, R/AT VILL-KESARIYA PURANI BAZAR, WARD NO. 11, KESARIA, EAST CHAMPARAN, BIHAR – 845 424. …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY BANASAWADI PS REP. BY STATE PUBLIC PROSECUOTR, OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP. VIDHANA SOUDHA, BANGALORE – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19523 CRL.P No. 13652 of 2024 2. RAJAN NISHAD S/O SARVAN NISHAD AGED ABOUT 35 YEARS, R/AT NO.2, 10TH ROAD, JANGAL PALYA, MAHESHLAYOUT, JIGANI ROAD, NEAR KAVERI BAKERY, BENGALURU – 560 083 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1’ R2 - SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 13.03.2024 BEARING CR.NO.182/2024, REGISTERED BY THE RESPONDENT NO.1 BANASWADI POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 341, 342, 323, 324, 504, 506, 34 PRESENT AT ANNEXURE-A, NOW PENDING ON THE FILES OF HON’BLE 11TH ADDL.C.M.M COURT MAYO HALL AT BENGALURU CITY WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 3. 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: “1. To quash the FIR dated 13.03.2024 bearing Crime No.182/2024, registered by the Respondent No.1 Banaswadi Police for the offences punishable under Sections 341, 342, 323, 324, 504, 506, 34 present at Annexure-A, now pending in the files of Hon’ble 11th Additional CMM Court, Mayohall, Bengaluru City, wherein the petitioners are arrayed as accused Nos.1 to 3 in the interest of justice and equity respectively. - 3 - HC-KAR NC: 2025:KHC:19523 CRL.P No. 13652 of 2024 2. Pass any other order which this Hon’ble Court deems fit by considering the facts of this Court, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, she has remained unrepresented and has not chosen to contest this petition. 4. A perusal of the material on record will indicate that respondent No.2 is a painting contractor, who was contracted by the petitioners of Rs.8,50,000/- work next to Girias Showroom in Kalyan Nagar. Hence, a sum of Rs.1,50,000/- was paid to the respondent No.2 on different dates and when the respondent No.2 asked the rest of the payment from the petitioners for the remaining amount of Rs.7,00,000/-, petitioners/accused replied that they will pay after completion of the work. On 01.03.2024, petitioner Nos.1 and 2 called respondent No.2 to their office in the evening and when respondent No.2 went to the office, petitioner No.2 took respondent No.2 house key and mobile phone and pulled respondent No.2 inside and petitioner No.3 opened the - 4 - HC-KAR NC: 2025:KHC:19523 CRL.P No. 13652 of 2024 door. Later, petitioner No.1 abused the respondent No.2 and locked him in the room, stripped him naked and assaulted respondent No.2 with a nailed lathi and injured him. This act was videotaped by petitioner Nos.2 and 3, who assaulted respondent No.2 and threatened him with death and forcibly obtained signatures from respondent No.2 by stating that they are not bound to give any money in his account book. In relation to alleged incident, on 13.03.2024, FIR was registered by respondent No.1- Police in Crime No.182/2024 against the petitioners for the offence punishable under Sections 341, 342, 323, 324, 504, 506, 34 of IPC and arraigned petitioner Nos.1 to 3 as accused Nos.1 to 3 on the file of 11th Additional CMM Court, Mayohall, Bengaluru City. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 6. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:19523 CRL.P No. 13652 of 2024 ORDER i) The petition is hereby allowed. ii) The impugned proceedings in Crime No.182/2024 on the file of 11th Additional CMM Court, Mayohall, Bengaluru City, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 35