The court dismissed a criminal petition filed under Section 482 of Cr.P.C. seeking quashing of proceedings. The High Court held that since the investigating officer filed a final B-report under Section 207 of Cr.P.C., the petition no longer survived for consideration.
The petition seeking quashing of the FIR and complaint is 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.
NC: 2024:KHC-D:6671 CRL.P No. 100766 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100766 OF 2024
BETWEEN:
SMT. ASHA W/O GOPAL NAIK, AGE. 36 YEARS, OCC. AT PRESENT NIL, R/O. BANKANAHITTALU, MUGVA VILLAGE, TQ. HONNAVAR, DIST. UTTAR KANNADA-581334.
… PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
… RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE IMPUGNED PROCEEDINGS INITIATED BY THE RESPONDENT AGAINST THESE PETITIONER/ACCUSED NO.1 IN CRIME NO.228/2022 OF HONNAVAR POLICE STATION FOR THE COMMISSION ALLEGED OFFENCES PUNISHABLE U/S 34, 409 AND 420 OF IPC, OF PRL. CIVIL JUDGE AND JMFC COURT, HONNAVAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP files memo stating that investigating
officer has filed ‘B’ report and enclosed the copy of the ‘B’ report along with the said memo.
In view of filing of ‘B’ report, present petition seeking quashing of the FIR and complaint does not survive for consideration.
Hence, the petition is dismissed.
Sd/JUDGE
HMB CT:BCK List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the filing of a final B-report extinguishes the need to consider a petition seeking quashing of the underlying FIR and complaint.
1 provisions across 1 enactments
Smt. Asha W/o Gopal Naik
The State of Karnataka
Shri. Keshav S/o Ganesh Tandel
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
