- 1 - NC: 2025:KHC-D:2115 CRL.P No. 102259 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102259 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: IMRAN KHADEER AHMAD KITTUR AGE. 43 YEARS, OCC. BUSINESS, R/O. SHIV TEERTH APARTMENT, MANTESH NAGAR, BELAGAVI-01. …PETITIONER (BY SRI. A.D.NADAF, ADVOCATE) AND: 1. THE STATE BY APMC YARD PS, BELAGAVI, R/BY HIGH COURT GOVT. PLEADER, OFFICE AT DHARWAD, HIGH COURT, DHARWAD-580011. 2. SUGHRA PATAIT AGE. 25 YEARS, OCC. EMPLOYED IN PVT. FIRM, R/O. MANJULA SADAN, TV CENTER, BELAGAVI-590001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH ALL THE CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED NO.04 IN CC NO. 592/2023, PENDING ON THE FILE OF IV JMFC, BELAGAVI, FOR THE OFFENCES P/U/SEC. 341, 504, 506 R/W 34 OF IPC AND AMONGST THE OTHER GROUNDS AT THE TIME OF HEARING AND THE GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED AS PART OF THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:00 +0530 - 2 - NC: 2025:KHC-D:2115 CRL.P No. 102259 of 2023 ORAL ORDER 1. The petitioner, who has been charge-sheeted for the offences punishable under Sections 341, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), has approached this Court seeking quashing of the criminal proceedings initiated against him. 2. The second respondent lodged an FIR alleging that on 16.01.2022, while she was in her rented house along with her roommate and her mother, her mother opened the door, and one Zaakir Alim Mull, along with four others, formed an unlawful assembly, abused, threatened, and outraged her modesty by pulling her clothes. Based on this complaint, the police registered an FIR for offences punishable under Sections 143, 147, 354B, 504, and 506 read with Section 149 of the IPC. 3. During the course of the investigation, the complainant’s further statement was recorded under Section 161 of the Code of Criminal Procedure, 1973 (Cr.P.C.), wherein she retracted her initial allegation that the accused had outraged her modesty. However, she alleged that when she attempted to leave the house, the petitioners restrained her from going out. Upon completing the investigation, the police filed a charge sheet for the offences punishable under Sections 341, 504, and 506 read with Section 34 of IPC. - 3 - NC: 2025:KHC-D:2115 CRL.P No. 102259 of 2023 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1- State. 5. Despite being served with notice, respondent No.2- complainant has neither appeared in person nor engaged a counsel. Hence, she is placed ex parte. 6. In the FIR, there was no initial allegation that the accused had waylaid the complainant or prevented her from leaving the house. The primary allegation was that the petitioners had outraged her modesty. However, in her subsequent statement, the complainant retracted the claim of outrage of modesty and instead stated that the petitioner had only restrained her from leaving the house. This creates a material inconsistency between the allegations made in the FIR and the complainant’s later statement. 7. To establish an offence under Section 341 IPC (wrongful restraint), there must be specific evidence demonstrating that the accused used criminal force to restrain the complainant from proceeding further. In the present case, no such evidence is available. 8. Similarly, for an offence under Section 504 IPC (intentional insult with intent to provoke breach of peace), the insult must be of such a nature that it provokes a breach of public peace or incites the commission of another offence. However, there is no material on record to indicate that the alleged abusive language - 4 - NC: 2025:KHC-D:2115 CRL.P No. 102259 of 2023 used by the accused resulted in any breach of peace or commission of another offence. 9. The remaining allegations in the charge sheet are general and omnibus in nature. In the absence of any specific and credible allegations that would constitute an offence of wrongful restraint, the framing of charges against the petitioner cannot be sustained. A criminal prosecution cannot be allowed to continue solely on the basis of vague and unsubstantiated allegations, as it would amount to a misuse of the judicial process. ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.592/2023 pending on the file of the IV JMFC, Belagavi, insofar as it relates to accused No.4, the petitioner herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 3 Sl No.: 4