Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67195 (KAR)

PRAVEEN SINGH v. THE STATE OF KARNATAKA

CRL.P/10982/2025 · 2025-10-10

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10982 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: PRAVEEN SINGH S/O, SATYA NARAYAN SINGH, AGED ABOUT 42 YEARS, R/AT, NO. 305, SVS PARADISE 6TH CROSS, ALPHA GARDEN, AYYAPPA NAGARA , K.R.PURAM, BENGALURU - 36. …PETITIONER (BY SRI. PRATHEEP.K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY H.A.L POLICE STATION BENGALURU DISTRICT. REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. PADMAVATHI AGED ABOUT 45 YEARS W/O SATHISH SINGH, NO.002, CSR MARVEL, MLA LAYOUT, KALENA AGRAHARA BENGALURU - 560 076. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R-1 SRI. PRAVEEN KUMAR, NAIK, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.14/2025 REGISTERED BY THE HAL POLICE FOR THE OFFENCE P/US/ 108,3(5) OF Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 THE BNS 2023 PENDING ON THE FILE OF THE 29tH ACJM MAYO HALL AT BENGALURU QUA THE PETITIONER. 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 quashing of the proceedings arising out of Crime No.14/2025 registered by the 1st respondent - Police for offences punishable under Sections 108, 3(5) of BNS, 2023 and for other reliefs. 2. Heard learned counsel for the petitioner and learned HCGP for the 1st respondent as well as learned counsel for the 2nd respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is arraigned as accused No.1 in Crime No.14/2025 registered by the 1st respondent - Police, pursuant to the complaint dated 13.01.2025 filed by the 2nd respondent for the aforesaid offences. In the complaint and FIR, one Smt.R.Sandhya @ Sandhya Singh having been arraigned as accused No.2, approached this Court in Crl.P.No.1821/2025, which was allowed - 3 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 vide order dated 15.07.2025 and proceedings against accused No.2 were quashed by this Court as hereunder:- In this petition, petitioner seeks the following relief:- " WHEREFORE, it is prayed that this Hon'ble Court may be pleased to quash the proceedings in Crime No.14/2025 registered by the H.A.L. Police for the offence punishable under Section 108, 3(5) of the BNS, 2023, pending on the file of 29th ACJM, Mayo Hall, at Bengaluru qua the petitioner in the interest of justice and equity." 2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the respondent No.2, a de facto complainant is the mother of deceased Kum. Suhasi Singh, aged about 24 years. It is a matter on record that petitioner - accused No.2 is wife of one Praveen Singh who is arraigned as accused No.1 and is the uncle of the deceased Suhasi Singh. 4. Learned counsel for respondent No.2 and respondent No.2, who are physically present before this Court jointly submit that the impugned complaint which culminated in the impugned FIR had not been submitted by the respondent No.2 herself and that the same was taken/written by force at the behest of the Police authorities. It is further submitted by them that the respondent No.2 intends to withdraw the impugned complaint and liberty may be reserved in favour of respondent No.2 to file a fresh complaint which may be directed to be registered as an FIR and investigated by a - 4 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 different Investigating Officer other than the Investigating Officer who is investigating the present case, as on today. 5. In view of the aforesaid facts and circumstances and the joint submission made by respondent No.2 and her learned counsel, I deem it just and appropriate to quash the impugned FIR and complaint and reserve liberty in favour of the respondent No.2 to file a fresh complaint and issue certain directions in this regard. 6. In the result, I pass the following: O R D E R i) Petition is hereby disposed of. ii) Impugned FIR and complaint dated 13.01.2025 in Crime No.14/2025, on the file of the H.A.L. Police Station, are hereby quashed. iii) Liberty is reserved in favour of respondent No.2 to file a fresh complaint before the concerned Police authorities who shall proceed and register a fresh FIR and proceed further in accordance with law. iv) The investigation pursuant to the fresh complaint to be filed by respondent No.2, shall be done by any Investigating Officer other than the Investigating Officer conducting the investigation in Crime No.14/2025. It is needless to state that this order will not come in the way of the respondent No.2 prosecuting the W.P.FR No.21433/2025. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. - 5 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 Subject to the aforesaid directions and liberty reserved in favour of the respondent No.2, petition stands disposed of. 4. In pursuance of the same, the 2nd respondent has filed a fresh complaint on 23.08.2025, which is registered as an FIR in Crime No.402/2025, is pending consideration. In view of the quashment of the impugned FIR and complaint in Crime No.14/2025 qua accused No.2, by invoking / applying the doctrine of parity and the undisputed fact that the 2nd respondent - de facto complainant has already filed a fresh complaint in the aforesaid Crime No.402/2025 not only against accused No.2 but also against the petitioner - accused No.1, I am of the view that continuation of proceedings against the petitioner would amount to an abuse of process of law warranting interference by this Court in the present petition. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings arising out of FIR in Crime No.14/2025 registered by the 1st respondent – Police, pending on the file of - 6 - HC-KAR NC: 2025:KHC:40134 CRL.P No. 10982 of 2025 29th ACJM, Mayo Hall, Bangalore, for the offences punishable under Sections 108 and 3(5) of BNS, 2023, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.