- 1 - NC: 2025:KHC-D:4150 CRL.P No. 100089 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.100089 OF 2020 BETWEEN: SHRI.SIDDESH @ SAGAR IRAPPA KAGATIDESAI, AGE : 33 YEARS, OCC :AGRICULTURE, R/O: MARGANAKOPPA - 591 115, TQ : KITTUR, DIST : BELAGAVI. …PETITIONER (BY SRI ABHISHEK C. PATIL, SRI AKSHAY KATTI AND SRI ANAD ASHTAKAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PSI MURGOD POLICE STATION TALUKA: SAUNDATTI, DIST: BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. KUMARI MANJULA D/O. IRANAGOUDA PATIL, AGE : 29 YEARS, OCC : NIL, R/O : MARGANKAOPPA - 591 115, TQ : KITTUR, DIST : BELAGAVI. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SRI A.M.GUNDAWADE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973, PRAYING TO QUASH THE CHARGE SHEET DATED 30/10/2019 FILED BY THE MURGOD POLICE IN MURGOD P.S.CR.NO.189/2019 (CORRESPONDING CC NO.1371/2019) FOR THE OFFENCES PUNISHABLE UNDER SECS. 504 AND 506 READ WITH SEC. 34 OF THE INDIAN PENAL CODE PENDING ON THE FILE OF THE I ADDITIONAL JMFC, SAUNDATTI AT SAUNDATTI IN THE ENDS OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:4150 CRL.P No. 100089 of 2020 THIS CRIMINAL PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 praying to quash the charge-sheet filed by Murgod Police in Murgod Police Station Crime No.189/2019 (Kittur Police Station Crime No.60/2019) pending in CC No.1371/2019 registered for the offences punishable under Sections 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) on the file of the learned I Additional JMFC, Saundatti. 2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1-State and the learned counsel for respondent No.2. 3. On a complaint of respondent No.2 dated 25.04.2019, a case came to be registered in Kittur Police Station Crime No.60/2019 for the offences punishable - 3 - NC: 2025:KHC-D:4150 CRL.P No. 100089 of 2020 under Sections 504 and 506 read with Section 34 of IPC against the petitioner (Accused No.1) and two others. The FIR has been, subsequently, transferred to the Murgod Police Station and a case came to be registered in Murgod Police Station in Crime No.189/2019 for the aforesaid offences. The Murgod Police, after investigation, filed a charge-sheet against the accused persons and the case is pending in CC No.1371/2019 on the file of the learned I Additional JMFC, Saundatti. The said charge-sheet and the proceedings of the said case are sought to be quashed in the present petition. 4. Learned counsel for the petitioner would contend that a case has been registered on the complaint of respondent No.2 in Crime No.60/2019 by Kittur Police for the offences punishable under Sections 504 and 506 read with Section 34 of IPC. The offences under Sections 504 and 506 of IPC are non-cognizable offences. As the said offences are non-cognizable, the Investigating Officer has to obtain permission of the Magistrate as required - 4 - NC: 2025:KHC-D:4150 CRL.P No. 100089 of 2020 under Section 155 of the Code of Criminal Procedure(hereinafter referred to as ‘the Cr.P.C.’, for short) for registering and investigating the case. He submits that such permission of the Magistrate, as required under Section 155 of Cr.P.C. has not been obtained. On that ground, he prays for quashing of the proceedings against the petitioner. 5. Learned counsel for respondent No.2 and the learned AGA does not dispute the aspect that, a case is registered for non-cognizable offences and the Investigating Officer has not obtained permission to register and investigate the case. 6. The case registered against the petitioner is for the offences under Sections 504 and 506 of IPC. Both the offences are non-cognizable offences. The Investigating Officer has not obtained permission of the learned Magistrate for registering and investigating the non- cognizable offences. Therefore, registering the FIR without obtaining permission of the learned Magistrate for - 5 - NC: 2025:KHC-D:4150 CRL.P No. 100089 of 2020 non-cognizable offences is bad in law. Therefore, FIR and charge-sheet registered against the petitioner requires to be quashed. 7. In the result, the following: ORDER The petition is allowed. The FIR in Murgod Police Station Crime No.189/2019 (Kittur Police Station Crime No.60/2019), the charge-sheet filed in the said crime and the proceedings in CC No.1371/2019 pending on the file of the leaned I Additional JMFC, Saundatti, so far as the petitioner is concerned, are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC