- 1 - NC: 2025:KHC:8101 CRL.P NO.2410 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.2410 OF 2025 BETWEEN: 1. MR. VITTAL S/O BABU AGED ABOUT 34 YEARS, RESIDING AT NO.3 -177, KANGINADI DARKAS HOUSE NALLUR, UDUPI - 574 112. 2. MR. JAYA S/O LANDA AGED ABOUT 47 YEARS RESIDING AT NO.B-1-55/1 UJWALA VIHAR, HALASINA KATTE, BADAKODI VILLAGE, HOSANGADY PERANJA, DAKSHINA KANNADA DISTRICT - 574 197. 3. MR. SUDARSHAN S/O SUNDAR AGED ABOUT 23 YEARS, RESIDING AT NO.7-207, KELAGINA BETTU HOUSE, MOODUKONAJE, PADUKONAJE, MANGALURU TALUK DAKSHINA KANNADA DISTRICT - 574 227. …PETITIONERS (BY SRI. ADLENE STEPHANIE MENDES, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8101 CRL.P NO.2410 OF 2025 AND: 1. THE STATE OF KARNATAKA KARAKALA RURAL POLICE STATION, REP. BY THE S.P.P., HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. SHANTHA W/O DEWANGATHA DEJU AGED ABOUT 37 YEARS, RESIDING AT 5 CENTS COLONY, KRISHNA NAGARA, IRVATHURU VILLAGE, UDUPI DISTRICT - 574 114. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1; SRI. AKSHAY KUMAR JAIN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE F.I.R. IN CRIME NO.138/2024 OF KARKALA RURAL POLICE STATION PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 74, 351(2), 352, 115(2), 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 NOS.2 TO 4. 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, petitioners seek following relief: - 3 - NC: 2025:KHC:8101 CRL.P NO.2410 OF 2025 "Quash the FIR in Crime No.138/2024 of Karkala Rural Police Station pending on the file of Principal District and Sessions Judge, Udupi District, Udupi for the alleged offences punishable under section 74, 351(2), 352, 115(2), 3(5) of BNS 2023 and Section 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989 and grant such other and further reliefs as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice." 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent No.1 and learned counsel for the respondent No.2 and perused the material on record. 3 A perusal of the material on record will indicate the petitioners are 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. 4 A perusal of the material on record including the averments made in the complaint and F.I.R. will indicate that the necessary ingredients constituting aforesaid offences are not - 4 - NC: 2025:KHC:8101 CRL.P NO.2410 OF 2025 forthcoming in the complaint and F.I.R. 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 the present petition. 5. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R. in Crime No.138/2024 registered by the Karkala Rural Police Station against the petitioner-accused Nos.2 to 4 pending on the file of the Principal District and Sessions Judge, Udupi District are hereby quashed. Sd/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 60