- 1 - HC-KAR CNR: KAHC010001772020 NC: 2026:KHC:42274 CRL.P No. 91 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 91 OF 2020 BETWEEN: MR DHARMARAJ S/O S M CHANDRE GOWDA AGED ABOUT 65 YEARS, R/A PLOT NO.401, BRIGADE SANOTA, #61, PALACE ROAD, BENGALURU - 560 052. …PETITIONER (BY SRI ABHISHEK PATIL, ADVOCATE FOR SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS STATION HOUSE OFFICER ASHOK NAGAR POLICE STATION NEAR MAYO HALL BENGALURU - 560 001. 2. KANAI BANERJEE S/O S K BANERJEE AGED ABOUT 57 YEARS, R/AT FLAT -1A, 1ST FLOOR, THOMAS MANOR APARTMENTS 88, RICHMOND ROAD, BENGALURU - 560 022. …RESPONDENTS [BY SRI MAHESHA P., HCGP FOR R1; SRI MENTO ISAC, ADVOCATE FOR R2 (AB)] Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010001772020 NC: 2026:KHC:42274 CRL.P No. 91 of 2020 THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH FIR REGISTERED AGAINST PETITIONER BY ASHOKNAGAR POLICE STATION, BENGALURU IN CR.NO.385/2018 FOR OFFENCES P/U/S 323, 324, 504 AND 506 R/W 34 OF IPC VIDE ANNEXURE-C PENDING BEFORE THE XLIII ADDL.C.M.M., MAYO HALL, BENGALURU IN SO FAR AS IT RELATES TO THE PETITIONER IS CONCERNED. 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 Seeking for quashing of registration of FIR in Crime no.385/2018 by Ashoknagar Police Station, Bengaluru for offences punishable under Sections 323, 324, 504, 506 of Indian Penal Code, 1860 (IPC) read with Section 34 of IPC, this petition is filed. 2. Sri Abhishek Patil, learned counsel appearing for Sri Shivaprasad Shantanagoudar, learned counsel for petitioner submitted that main ground urged in this petition was that as per complaint, incident occurred on 15.06.2008, but complaint filed before National Human Rights Commission (NHRC) was on 10.07.2018 and forwarding of same and noting cognizable offence, FIR was registered on 17.10.2018. It was submitted - 3 - HC-KAR CNR: KAHC010001772020 NC: 2026:KHC:42274 CRL.P No. 91 of 2020 that maximum punishment for offences alleged was three years and therefore, registration of FIR more than 10 years after incident would be barred under Section 468 of Code of Criminal Procedure, 1973 (CrPC). 3. Sri Mahesha P., learned HCGP for respondent no.1- State is unable to counter submission. 4. None appears for respondent no.2 though served and represented. 5. Heard learned counsel and perused material on record. 6. This petition is by accused no.3 challenging registration of FIR for offences punishable under Sections 323, 324, 504, 506 of IPC read with Section 34 of IPC. 7. Admittedly registration of impugned FIR is in pursuance of communication by NHRC as per Annexure-B, apparently on a complaint by respondent no.2. A bare perusal of complaint/FIR would reveal that incident referred to allegedly occurred on 15.06.2008. Thus, complaint registered on 17.10.2018 is more than ten and a half years after incident. - 4 - HC-KAR CNR: KAHC010001772020 NC: 2026:KHC:42274 CRL.P No. 91 of 2020 Though amongst offences alleged, Section 324 of IPC is cognizable it bears maximum punishment of three years. Offences under other provisions bear lesser sentences. Therefore, as per Section 468 of CrPC, cognizance can be taken within three years and in violation of same, registration of FIR would be contrary to law. 8. On said short ground, petition is allowed. FIR in Crime no.385/2018 registered by Ashoknagar Police Station, Bengaluru for offences punishable under Sections 323, 324, 504, 506 of IPC read with Section 34 of IPC, stands quashed qua petitioner (accused no.3). Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 19