- 1 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.1275 OF 2025 C/W CRIMINAL PETITION NO.51 OF 2025 IN CRL.P No. 1275/2025 BETWEEN: SRI. ROHITH R.K. @ ROHITH POOJARY C/O RAGHURAMA SUVARANA, AGED ABOUT 35 YEARS, R/AT GURBETTU HOUSE, KARKALA TALUK, SANUR POST, UDUPI - 574 114. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KARKALA RURAL POLICE STATION, REP. BY THE S.P.P., HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. SMT. SHANTHA C/O LATE DEJU AGED ABOUT 37 YEARS, R/AT 5 CENTS COLONY, KRISHNA NAGAR, IRVATHUR POST, IRVATHU VILLAGE, UDUPI - 574 114. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. AKSHAY KUMAR JAIN, ADVOCATE FOR R2) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE F.I.R., COMPLAINT AND ENTIRE PROCEEDINGS IN CRIME NO.138/2024 REGISTERED BY THE RESPONDENT NO.1- KARKALA RURAL POLICE STATION FOR THE ALLEGED OFFENCES UNDER SECTIONS 74, 351(2), 352, 115(2) AND 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(r)(s) AND 3(2)(v-a) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AGAINST THE PETITIONER-ACCUSED NO.1. IN CRL.P NO. 51/2025 BETWEEN: 1. SRI. BHARATH KUMAR JAIN S/O SUKUMAR JAIN AGED ABOUT 40 YEARS, R/AT PADMAMBA NIVASA, NEAR PRIMARY HEALTH CENTRE, IRVATHURU, KARKALA, UDUPI DISTRICT- 574114. 2. SRI. BHAVISHATH, S/O SUKUMAR JAIN, AGED ABOUT 30 YEARS, R/AT PADMAMBA NILAYA, NEAR HOSPITAL, KARKALA TALUK, IRVATHURU, UDUPI - 574114. ...PETITIONERS (BY SRI. P.P. HEGDE, SEINOR ADVOCATE FOR SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KARKALA RURAL POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. - 3 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 2. SRI. VITALA S/O BABU AGED ABOUT 33 YEARS R/AT NALLURU POST, NALLUR VILLAGE, KARKALA TALUK, UDUPI - 574 122. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE F.I.R. IN CRIME NO137/2024 OF KARKALA RURAL POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 118(1), 352, 351 AND 190 AND SECTIONS 3(1)(r)(s) AND 3(2)(v-a) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AGAINST THE PETITIONERS. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Criminal Petition No.1275 of 2025, the petitioner seeks following relief: "(a) Allow this Criminal Petition and quash the FIR, Complaint and entire proceedings in Crime No.138/2024 registered by the respondent No.1-Karkala Rural Police Station for the alleged offences under Sections 74, 351(2), 352, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989 registered by respondent No.1-Police; - 4 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 (b) Grant such other or further relief as this Hon'ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity." 2. In Criminal Petition No.51 of 2025, petitioners seek following relief: "(a) Quash the FIR in Crime No.137/2024 of Karkala Rural Police Station registered for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 352, 351 and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989 pending on the file of the Prl. District & Sessions Judge, Udupi District, Udupi; (b) Grant such other or further relief as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 3. Heard learned counsel for the parties. 4. A perusal of the material on record will indicate that in Criminal Petition No.1275 of 2025, the petitioner is seeking to quash the impugned F.I.R. in Crime No.138/2024 registered by the respondent No.1-Karkala Rural Police Station pursuant to complaint filed by the respondent No.2 for the offences punishable under Sections 74, 351(2), 352, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989. Similarly, in - 5 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 Criminal Petition No.51 of 2025, petitioners are seeking to quash the impugned F.I.R. in Crime No.137/2024 registered by the respondent No.1-Karkala Rural Police Station pursuant to complaint filed by the respondent No.2 for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 352, 351 and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989. 5. 5. A perusal of the material on record including the averments made in the complaint and F.I.R. in both the cases will indicate that the necessary ingredients constituting aforesaid offences are not forthcoming in both the complaints and F.I.Rs. Therefore, I am of the considered opinion that the continuation of impugned proceedings would amount to abuse of process of law warranting interference by this Court in both the petitions. 6. In the result, I pass the following: O R D E R 1) Criminal Petitions are allowed; 2) The impugned F.I.R in Crime No.138/2024 registered by the Karkala Rural Police Station against the petitioner-accused No.1 in Criminal - 6 - NC: 2025:KHC:8119 CRL.P NO.1275 OF 2025 C/W CRL.P NO.51 OF 2025 Petition No.1275 of 2025 and F.I.R. in Crime No.137/2024 registered by the Karkala Rural Police Station against the petitioner-accused Nos.1 and 2 in Criminal Petition No.51 of 2025 pending on the file of the Principal District and Sessions Court, Udupi District are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 44