- 1 - HC-KAR NC: 2026:KHC:33760 CRL.P No. 4747 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 4747 OF 2021 BETWEEN: 1. SHAKUNTHALA W/O ATHMARANJAN AGED ABOUT 52 YEARS R/A NEAR KADEKAARU PANCHAYAT OFFICE KADEKAARU VILLAGE UDUPI TALUK AND VILLAGE UDUPI DISTRICT - 576 103. 2. ATHMARANJAN S/O D THAMMAIAH KAMCHAN AGED ABOUT 55 YEARS R/A NEAR KADEKAARU PANCHAYAT OFFICE KADEKAARU VILLAGE UDUPI TALUK AND VILLAGE UDUPI DISTRICT - 576 103. 3. VIMALAKSHMI DIVAKAR W/O DIVAKAR KUNDAR AGED ABOUT 50 YEARS R/A 'SANAM' KADEKAARU VILLAGE UDUPI TALUK AND VILLAGE UDUPI DISTRICT - 576 103. …PETITIONERS (BY SRI HARSHA G.C., ADVOCATE FOR SRI NISHIT KUMAR SHETTY, ADVOCATE) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33760 CRL.P No. 4747 of 2021 AND: 1. THE STATE OF KARNATAKA BY MALPE POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. 2. REEMA NAVEENCHANDRA W/O NAVEENCHANDRA KAANCHAN R/AT 'SHARADHA NIVASA' VADABANESHWARA UDUPI TALUK AND VILLAGE UDUPI DISTRICT - 576 101. …RESPONDENTS [BY SRI JAVEED S., HCGP FOR R1; SRI DILRAJ ROHITH SEQUEIRA, ADVOCATE FOR R2 (AB)] THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO ALLOW PETITION AND QUASH ENTIRE PROCEEDINGS IN C.C.NO.1452/2020 (PCR NO.90/2019) ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI FOR OFFENCES P/U/S.323, 504, 506 R/W SECTION 34 OF IPC. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in CC no.1452/2020 arising out of PCR no.90/2019 on file of I Addl. Civil Judge and JMFC, Udupi, for offences punishable under Sections 323, 504 and 506 of Indian Penal Code, 1860 (IPC) read with Section 34 of IPC, this petition is filed. - 3 - HC-KAR NC: 2026:KHC:33760 CRL.P No. 4747 of 2021 2. Sri Nishit Kumar Shetty, learned counsel for petitioners at outset submitted that entire proceedings were liable to be quashed on ground of non-compliance with Section 154(3) of Code of Criminal Procedure, 1973 (CrPC) as well as on account of failure to file an affidavit containing material allegations as prescribed by Hon'ble Supreme Court in Priyanka Srivastava & Anr. v. State of U.P.& Ors. reported in 2015 (6) SCC 287. 3. Learned HCGP for respondent no.1-State is unable to controvert submissions. None appears for respondent no.2. 4. Heard learned counsel and perused material on record. 5. This petition is by accused challenging proceedings before learned Magistrate arising out of private complaint filed by respondent no.2, mainly on ground of violation of Section 154(3) and failure to file affidavit by complainant. 6. It is seen that said contentions are specifically urged in grounds of petition and are not controverted by respondents. Perusal of private complaint, certified copy of which is produced also would indicate that complainant has not - 4 - HC-KAR NC: 2026:KHC:33760 CRL.P No. 4747 of 2021 specifically stated that he had approached jurisdictional police with complaint and there was refusal to register and about approaching Superintendent of Police prior to filing of private complaint before learned Magistrate. Thus, both on ground of non-compliance with Section 154(3) of CrPC as well as failure to file affidavit as prescribed, petition would succeed. 7. Accordingly, petition is allowed, proceedings in CC no.1452/2020 arising out of PCR no.90/2019 on file of I Addl. Civil Judge and JMFC, Udupi, for offences punishable under Sections 323, 504 and 506 of IPC stand quashed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 39