- 1 - NC: 2025:KHC-D:1464 CRL.P No. 104101 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 104101 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. AZARUDDIN S/O. RICEUDDIN JAMADAR AGE. 27 YEARS, OCC. COOLIE, R/O. SHIVANAND NAGAR, 2ND CROSS, NEW YALLAPUR ROAD, DHARWAD-580025. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR OF KITTUR PS., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. IMAMHUSSAIN S/O. JAMALSAB KILLEDAR AGE. 22 YEARS, OCC. MASON, R/O. KITTUR KONDWAD CHOWK, TQ. KITTUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.119/2022 (ARISING OUT OF KITTUR P.S. CRIME NO. 135/2021) DATED 06.02.2021 FILED AGAINST THIS PETITIONER FOR THE OFFENCES PUNISHABLE U/S 406 R/W 34 OF IPC PENDING ON THE FILE OF CIVIL JUDGE AND JMFC KITTUR IN SO FOR AS THIS PETITIONER HEREIN/ARRAYED AS ACCUSED NO.2. 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: 2025.01.30 11:52:52 +0530 - 2 - NC: 2025:KHC-D:1464 CRL.P No. 104101 of 2022 ORAL ORDER 1. The petitioner, who is sought to be prosecuted for the offences punishable under Sections 406 and 420 of the IPC, is before this Court. 2. The case of the prosecution is that the second respondent (de facto complainant) was in occupation of iron centering plates for rental purposes. Accused Nos. 1 and 2 approached the de facto complainant to rent iron centering plates for the construction of their house and agreed to pay a sum of Rs. 3,500/- per month for 100 iron centering plates. Subsequently, 500 iron centering plates were given to accused Nos. 1 and 2. However, on 10.10.2020, 10.11.2020, 19.12.2020, 07.02.2021, and 28.03.2021, the accused loaded the iron centering plates onto a truck and took them. The allegations are that accused Nos. 1 and 2, with an intention to cheat, failed to return the iron centering plates and did not pay the agreed rent for their use. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for the respondent-State, and the learned counsel for the respondent No. 2. 4. Admittedly, no material has been produced by the de facto complainant to establish that he rented out the iron centering plates to accused Nos. 1 and 2, except for the self-serving statement of the de facto complainant. 5. Therefore, in the absence of substantive evidence to establish that the de facto complainant delivered the iron centering - 3 - NC: 2025:KHC-D:1464 CRL.P No. 104101 of 2022 plates to accused Nos. 1 and 2, the petitioner cannot be prosecuted solely on the basis of the self-serving statement of respondent No. 2. This would otherwise result in a miscarriage of justice for the accused, as there is no material to substantiate that accused No. 1, at the time of the initial agreement, induced accused No. 2 to part with the iron centering plates with the intention of deceiving or cheating. 6. In the absence of essential elements and material to substantiate the allegations against accused No. 2, the continuation of criminal proceedings would be an abuse of the process of law. Accordingly, I pass the following order: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.119/2022 pending on the file of the Civil Judge and JMFC, Kittur insofar it relates to the petitioner-accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 49