Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30007 CRL.P No. 10182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10182 OF 2025 BETWEEN:
1.
PRADHAN PRIYA DASS S/O CHITTARANJAN DASS AGED ABOUT44 YEARS
2.
SHASHIKALA DASS M/O PRADHAN PRIYA DASS AGED ABOUT 66 YEARS
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ELIZABETH RANI M W/O PRADHAN PRIYA DASS AGED ABOUT 36 YEARS ALL ARE R/AT NO. 80, 5TH CROSS MCECHS LAYOUT, DR. SHIVARAMKARANTH NAGAR, BENGALURU - 560 077. …PETITIONERS (BY SRI. JOHN PETER M, ADVOCATE) AND:
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STATE OF KARNATAKA BY SAMPIGEHALLI P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30007 CRL.P No. 10182 of 2025
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A. VENILLA W/O N. EASWARAN AGED ABOUT 40 YEARS NO. 10, PHASE 1, MCECHS LAYOUT DR. SHIVARAMKARANTH NAGAR BENGALURU - 560 077. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR NO.0169/2025 AGAINST THE PETITIONER FOR ALLEGED OFFENCES P/U/S 74, 115(20), 352, 3(5) OF BNS 2023 REGISTERED BY RESPONDENT SAMPIGEHALLI P.S. BENGALURU ON THE FILE OF THE LEARNED LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused Nos.1 to 3 seeking quashing of the FIR filed in Crime No.0169/2025 for the offences punishable under sections 74, 115(2), 352 and 3(5) of BNS, 2023.
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Learned counsel for the petitioners, while reiterating the grounds urged in the petition, submits that the complaint filed by respondent No.2, who is a
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HC-KAR NC: 2025:KHC:30007 CRL.P No. 10182 of 2025 neighbour, is false and has been lodged solely with an intent to harass the petitioners. It is further contended that the allegations made in the FIR do not disclose the essential ingredients of the offences alleged, and therefore, the proceedings are liable to be quashed at the threshold.
3. Upon perusal of the complaint and the nature of allegations made therein, this Court notes that the petitioners are alleged to have physically assaulted the complainant, who is a woman. It is specifically alleged that the assault was directed towards sensitive parts of the complainant’s body. These allegations, on the face of it, warrant investigation and cannot be brushed aside merely on the contention that the complaint is false or motivated. At this stage, the investigating officer is required to conduct a thorough investigation into the complaint to ascertain the veracity of the allegations.
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HC-KAR NC: 2025:KHC:30007 CRL.P No. 10182 of 2025
4. Learned counsel for the petitioners has also brought to the notice of this Court that the petitioners have lodged a counter complaint against respondent No.2, which has also culminated in the registration of a separate crime. In view of there being a case and counter case arising out of the same incident or transaction, this Court is of the considered view that it would be premature to quash the proceedings in Crime No.0169/2025 at the investigation stage, particularly when factual aspects are yet to be ascertained and both parties have alleged offences against each other. Reserving liberty to the petitioners to approach this Court at an appropriate stage, if and when a charge-sheet is filed against them, the present petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 7 CT: BHK