Criminal petition filed to quash an FIR. The Court held that since no unimpeachable document was produced by the petitioner and a counter case exists, the petition lacks merit and was dismissed at the investigation stage.
Criminal petition Cr. P. No. 5822 of 2022 and I.A. No. 1/2022 were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 5822 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5822 OF 2022
BETWEEN:
TUMAKURU TALUK AND DISTRICT – 572 104.
…PETITIONERS
(BY SRI. SRIKANTH B., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
AND:
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 01
CRL.P No. 5822 of 2022
TUMAKURU TALUK AND DISTRICT – 572104.
…RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.PC PRAYING TO QUASH THE FIR IN CR. NO.141/2022 OF KYATHASANDRA P.S., FOR THE OFFENCE P/U/S 143, 323, 341, 504, 506, 149 OF IPC, WHICH IS PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT TUMAKURU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in Crime No.141/2022 registered for offences punishable under Sections 143, 232, 341, 504, 506 and 149 of the IPC.
CRL.P No. 5822 of 2022
appearing for the petitioners and Sri.K.S. Abhijith, learned HCGP appearing for the respondent - State and have perused the material on record.
to registration of the crime by the petitioners against the complainant in Crime No.141/2022, which is registered at about 7.30 p.m. On the same day, the impugned complaint is also registered by the complainant against the petitioners for the offence punishable Sections 323, 341, 504, 506 and 34 of the IPC in Crime No.140/2022, which is at 1.30 p.m., six hours earlier to the complaint registered by the complainant.
CRL.P No. 5822 of 2022
Therefore, the petition lacks merit and is dismissed.
I.A.No.1/2022 is dismissed, as a consequence.
Sd/JUDGE
SJK
3 issues framed by the court
Whether the High Court should quash the FIR under Section 482 Cr.P.C. at the investigation stage where there is a counter case.
Whether the petitioner produced documentary evidence unimpeachable enough to warrant Court interference.
Whether the existence of a counter-case negates the merits of the quashing petition.
Sri Ashwath Kumar B
Smt. Priya
The State of Karnataka
Sri. Narsimhamurthy
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
