- 1 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.4212 OF 2019 C/W CRIMINAL PETITION NO.8191 OF 2019 IN CRL.P No.4212/2019: BETWEEN: 1. G K PRADEEP S/O LATE KENCHALINGAPPA, AGED ABOUT 38 YEARS, GANDINAGAR, CHALLAKERE, CHITRADURGA - 577 522. 2. R S THIPPESWAMY S/O LATE SANNANAGAPPA, AGED ABOUT 62 YEARS PAVAGADA TALUK TUMKUR - 561 202. 3. CHANNAMMA DELETED V/O DATED 15.07.2026 W/O T K KENCHALINGAPPA AGED ABOUT 79 YEARS …PETITIONERS (BY SRI K. DIWAKARA, SR. COUNSEL FOR SRI ABHISHEK K., ADVOCATE) AND: 1. K SUNITHA W/O G K SATHISH BABU AGED ABOUT 40 YEARS, BENGALURU ROAD, 3RD CROSS, GANDINAGAR, CHALLAKERE, CHITRADURGA - 577 522. …RESPONDENT [BY SRI S.GIRISH, ADVOCATE (AB)] Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND COGNIZANCE TAKEN (ORDER DATED 16.05.2019) BY THE LEARNED MAGISTRATE IN C.C.NO.435/2019 FOR THE OFFENCE P/U/S 143,147,504,506, 323,324,354,114 R/W 149 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, CHALLAKERE, CHITRADURGA. IN CRL.P NO.8191/2019: BETWEEN: 1. G.K.PANINANDA KUMAR S/O LATE KENCHALINGAPPA AGED ABOUT 42 YEARS, GANDINAGAR (KUBERA NAGAR) CHALLAKERE CHITRADURGA - 577 522. 2. RAGHU T NANDAN S/O THIPPESWAMY R.S. AGED ABOUT 32 YEARS RANGASAMUDRA VILLAGE & POST, RANGASAMUDRA, TUMKUR - 561 202. 3. KAVITHA N M W/O G.K PANINANDA KUMAR AGED ABOUT 37 YEARS, GANDINAGAR (KUBERA NAGAR) CHALLAKERE CHITRADURGA - 577 522. 4. K.NETHRAVATHI W/O K PHALGUMA AGED ABOUT 37 YEARS, NEAR VASAVI SCHOOL, GANDHINAGAR (KUBERA NAGAR) CHALLAKERE, CHITRADURGA - 577 522. 5. K.S.VEENA W/O SHIVA SHANKARA GOWDA, AGED ABOUT 45 YEARS, KORAKODLESHWARA NILAYA, - 3 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 GANDINAHAR (KUBERA NAGAR) CHALLAKERE, CHITRADURGA - 577 522. ...PETITIONERS (BY SRI K. DIWAKARA, SR. COUNSEL FOR SRI ABHISHEK K., ADVOCATE) AND: K.SUNITHA W/O G.K.SATHISH BABU AGED ABOUT 40 YEARS, BENGALURU ROAD, 3RD CROSS, GANDHINAGAR, CHALLAKERE, CHITRADURGA - 577 522. ...RESPONDENT [BY SRI GIRISH S., ADVOCATE (AB)] THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.435/2019 FOR THE OFFENCE P/U/S 143,147,504,506,323,354 AND 114 R/W 149 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHALLAKERE, CHITRADURGA AT ANNEXURE-A. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 16.05.2019 passed by Principal Civil Judge and JMFC, Challakere, Chitradurga in CC no.435/2019 for taking cognizance of offences punishable under Sections 143, 147, 504, 506, 323, 324, 354, 114 read - 4 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 with Section 149 of Indian Penal Code, 1860 (IPC), these petitions are filed. 2. Criminal Petition no.4212/2019 is filed by accused no.2, 4 and 5. While Criminal Petition no.8191/2019 is filed by accused no.1, 3 and 6 to 8. 3. Sri. K Diwakara, learned Senior Counsel appearing for Sri Abhishek K., advocate for petitioners, had on previous occasion i.e. on 14.07.2026 contended that proceedings were being challenged on two main grounds, both of which were fatal to proceedings. Firstly about non-compliance with mandatory requirement of Section 154 (3) of Code of Criminal Procedure, 1973 (CrPC) and secondly, non-filing of affidavit containing material allegations against accused as directed by Hon'ble Supreme Court in case of Priyanka Srivastava and Anr. v. State of Uttar Pradesh and Ors., reported in (2015) 6 SCC 287. Matter was adjourned to this day to provide opportunity to counsel for respondent - complainant as he was absent on said day. Even today, there is no representation and thus, contentions remain uncontroverted. 4. Perusal of certified copy of private complaint appended to this petition as Annexure-B would reinforce - 5 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 submission of counsel for petitioner. Section 154 (3) of CrPC, mandates that prior to approaching learned Magistrate with a private complaint, complainant would first require to approach jurisdictional Police and in case of refusal to register complaint, approach jurisdictional Superintendent of Police and only in case of complainant being unsuccessful in seeking registration of complaint, he would be entitled to approach learned Magistrate with a private complaint. Mere vague assertion about complainant approaching Police and non-registration of FIR would not satisfy requirements of law. Hon'ble Supreme Court in Priyanka Srivastava's case (supra) has held non- compliance with Section 154 (3) of CrPC to be fatal. Likewise, non-filing of affidavit by complainant containing material allegations against accused. In SN Vijayalakshmi and Ors. v. State of Karnataka and Anr., reported in 2025 SCC OnLine SC 1575, it is held fatal after trial Court had passed any substantive orders on complaint. 5. Since trial Court herein has taken cognizance of offences against accused under order dated 16.05.2019 petitions would succeed. Hence, both petitions are allowed, entire proceedings on file of Principal Civil Judge and JMFC, Challakere, Chitradurga in CC no.435/2019 for offences - 6 - HC-KAR CNR: KAHC010142312019 NC: 2026:KHC:43069 CRL.P No. 4212 of 2019 C/W CRL.P No. 8191 of 2019 punishable under Sections 143, 147, 504, 506, 323, 324, 354, 114 and Section 149 of IPC stand quashed. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 9