- 1 - NC: 2025:KHC:8066 WP No. 7925 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 7925 OF 2021 (GM-RES) BETWEEN: 1. MR. NISSAR AHMED, S/O. LATE MEHMOOD AHMED, AGED ABOUT 65 YEARS, CHAIRMAN, PRESIDENCY SCHOOL, 2. MR. SUHAEL AHMED, S/O. MR. NISSAR AHMED, AGED ABOUT 35 YEARS, VICE CHAIRMAN, PRESIDENCY SCHOOL, 3. MRS. NAFEESA AHMED, D/O. MR. NISSAR AHMED, AGED ABOUT 34 YEARS, DIRECTOR-PRESIDENCY SCHOOL, 4. MS. BHUVANESHWARI JAYARAMAN, D/O. LATE R. JAYARAMAN, AGED ABOUT 58 YEARS, PRINCIPAL-PRESIDENCY SCHOOL, 5. RAJASHREE N, W/O. NITHIN S CHOUDHARY, AGED ABOUT 51 YEARS, HEAD MISTRESS, PRESIDENCY SCHOOL, 6. ANINDITA CORDEIRO W/O. MR. NELSON CORDEIRO, AGED ABOUT 48 YEARS, COORDINATOR, PRESIDENCY SCHOOL, 7. SUGUNA NAVEEN K.R. NAVEEN, Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:8066 WP No. 7925 of 2021 AGED ABOUT 43 YEARS, ADMINISTRATOR, PRESIDENCY SCHOOL, THE ADDRESS OF ALL PETITIONERS NO.1-7 IS AS FOLLOWS: PRESIDENCY SCHOOL, POST BOX NO.7627, SY. NO.80/2 AND 80/3, BILEKAHALLI, OFF BANNERGHATTA ROAD, BENGALURU - 560 076. …PETITIONERS (BY SRI. UDAY HOLLA, SR. ADVOCATE FOR SMT. FARAH FATHIMA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO MICO LAYOUT POLICE STATION, BENGALURU - 560 076. 2. PRESIDENCY SCHOOL BANGALORE SOUTH PARENTS ASSOCIATION, NO.100, 1ST CROSS, ROYAL MERIDIAN LAYOUT, BEGUR - D.C. HALLI ROAD, BENGALURU - 560 068, REPRESENTED BY MRS. SAROJINI .K, W/O. MR. SATYAMURTHY, AGED ABOUT 47 YEARS. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. C. SUNIL KUMAR, ADVOCATE FOR R2(ABSENT)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH COMPLAINANT DTD 10.04.2021 LODGED BY R-2 BEFORE R-1 AGAINST THE PETITIONERS AS HIGHLY ARBITRARY ILLEGAL AND CONTRARY TO LAW VIDE ANNX-A. AND ETC., - 3 - NC: 2025:KHC:8066 WP No. 7925 of 2021 THIS W.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioners being accused Nos.1 to 7 are seeking to quash the criminal proceedings initiated against them in Crime No.77/2021 of Mico Layout police station, pending on the file of the learned VI Additional CMM Court, Bengaluru, for the offences punishable under Sections 506, 294 and 503 read with Section 34 of Indian Penal Code (for short 'the IPC'). 2. Brief facts of the case are that, respondent No.2 as informant lodged the first information with Mico Layout police station against petitioners-accused Nos.1 to 7 alleging that they being the Chairman, Vice Chairman, Director, Principal, Head Mistress, COD Middle School, Admin Associate of Presidency School, Bengaluru have not declared the results, rather withheld the same and they have mentally and physically harassed the students. They are blackmailing the children and thereby committed the above mentioned offences. Crime No.77/2021 of Mico Layout Police Station was registered and the investigation was undertaken. In the meantime, the petitioners have approached this Court. In view of the interim - 4 - NC: 2025:KHC:8066 WP No. 7925 of 2021 order of stay granted by this Court, further investigation was not undertaken. 3. Heard Sri. Uday Holla, learned Senior Advocate for Smt. Farah Fathima, learned counsel for the petitioners and Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1. Learned counsel for respondent No.2 remained absent and hence his argument is taken as nil. Perused the materials on record. 4. 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: R E A S O N S 5. According to respondent No.2 several complaints were registered against the accused with the Department of Education, Government of Karnataka, regarding violation of - 5 - NC: 2025:KHC:8066 WP No. 7925 of 2021 Education Laws by the management of the School. It is stated that the management targeted the students and prevented them from attending regular classes, and also withheld their results. Being aggrieved by the same, the parents of the students approached Karnataka State Commission for Protection of Child Rights (for short 'the KSCPCR') alleging violation of rights of the students. An investigation was ordered by KSCPCR. It is stated that, the Management continued to violate the rights of the children and withheld results of half-yearly/annual exam held during October/March 2020. Thus the Management consisting of accused Nos.1 to 7 are harassing the children both mentally and physically and are also blackmailing and targeting the students. Hence, the informant requested the police to register the case and to initiate legal action. 6. My attention was drawn by the learned Senior Advocate to the order dated 23.10.2021 passed in Crl.P.No.6404/2021, wherein, similar complaint was filed against the petitioners. This Court formed an opinion that a plain reading of the FIR does not disclose any offence committed and therefore, the criminal proceedings registered in Cr.127/2021 of Mico Layout police station, came to be quashed. - 6 - NC: 2025:KHC:8066 WP No. 7925 of 2021 7. It is stated that on the basis of similar complaint filed by respondent No.2 with the KSCPCR, an investigation was recommended and the petitioners have approached this Court by filing WP.No.30049/2019. My attention was also drawn to the order dated 13.02.2025 passed by the Co-ordinate Bench of this Court, wherein the Court has considered the investigation undertaken by the KSCPCR against the Management of School and quashed such investigation holding as follows; "I have perused the decision referred by the counsel for the petitioners with care. This Court has held that Sections 2(11-A), 48 and 124-A of the Karnataka Education Act are ultra vires in respect of the private unaided educational institutions. The petitioners being private unaided educational institution, the commission could not have made recommendations. Hence, the recommendations made by the Commission cannot be sustained. Accordingly, they are liable to be quashed." 8. In view of the above, it is very clear that the Courts have consistently held that no offence is made out on the plain reading of the first information, and KSCPCR could not have proceeded with the investigation. Even if the contention in the FIR is to be accepted, it does not disclose any offence being - 7 - NC: 2025:KHC:8066 WP No. 7925 of 2021 committed and prima-facie registration of FIR is in abuse of process of law. Hence, I am of the opinion that the criminal proceedings is liable to be quashed to avoid abuse of process of law. 9. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed. (ii) The FIR registered in Crime No.77/2021 of Mico Layout, on the file of the learned VI Additional CMM Court, Bengaluru, registered for the offences punishable under Sections 506, 294 and 503 read with Section 34, is hereby quashed. In view of the disposal of the main petition, pending IA No.1/2023 stands disposed of. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 20