- 1 - HC-KAR NC: 2025:KHC:43757 CRL.P No. 14580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14580 OF 2025 BETWEEN: SRI. IMRAN MIRZA S/O. LATE MIRZA ABDUL HAFEEZ, AGED ABOUT 46 YEARS, R/AT NO.757/M1G1, 4TH STAGE, KALYANA GIRI NAGARA MYSORE - 570 019. …PETITIONER (BY SRI. N. KUMAR, ADVOCATE) AND: 1. STATE BY KAPU POLICE STATION, UDUPI DISTRICT REPRESENTED BY S.P.P, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SHAMA MARIYAM W/O.MOHAMMED RIYAZ, AGED ABOUT 24 YEARS, R/AT NO 19-84/16, ISMAIL COMPOUND, MAASTI KATTE, ULLALA VILLAGE, MANGALORE DISTRICT - 575 017. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43757 CRL.P No. 14580 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.128/2025 DATED 09.10.2025 FOR THE OFFENCES U/S. 74, 115(2), OF BNS, 2023, REGISTERED BY THE RESPONDENT KAPU POLICE, PENDING ON THE FILE OF THE HONBLE ADDL.CIVIL JUDGE (SR.DN) AND ACJM COURT, UDUPI, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the FIR in Crime No. 128/2025 registered at Kapu Police Station, Udupi, registered for the offence punishable under Section 74 and 115(2) of the BNS, 2023. 2. The contention of the learned counsel is that, the above case is registered against the petitioner as a counter blast to the complaint lodged against one Shoukath Ali, father of respondent No.2 i.e., the de-facto complainant in the present case. Further, the incident is alleged to have taken place on 08.10.2025, complaint was - 3 - HC-KAR NC: 2025:KHC:43757 CRL.P No. 14580 of 2025 lodged on the next day i.e. after the petitioner lodged a complaint against one Shoukath Ali on 08.10.2025. 3. A perusal of the averments in the complaint in Crime No.127/2025 of Kapu Police Station, which is registered on the basis of the complainant of the petitioner herein, one Shoukath Ali has tried to misbehave with his son and sexually abused him. On his complaint, the police have registered a case for the offence punishable under Section 8 and 12 of the POCSO Act, 2012, against Shoukath Ali. 4. The allegations in the instant case i.e., in Crime No.128/2025 is that on the said date and time, the petitioner chased Shoukath Ali, on the ground that he has sexually abused his son and then held the complainant/respondent No.2 and outraged her modesty, assaulted on the lips causing bleeding injuries etc. As per FIR, the injured was admitted at Udupi District Hospital and taken treatment. - 4 - HC-KAR NC: 2025:KHC:43757 CRL.P No. 14580 of 2025 5. Complaints are filed against each other in respect of the incident which took place on 08.10.2025 at about 06.15 to 06.35 p.m. Merely because a complaint was lodged by the petitioner in the first instance, it cannot be said that the subsequent complaint filed against him is false. The statutory duty of the police to investigate the matter cannot be scuttled at the inception. The police have to conduct a fair investigation into the allegations made against each other. If any adverse report is filed, it is always open for the petitioner to challenge the same. With the above observation the petition is dismissed. I.A.Nos.1 and 2/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 24