Petitioner sought Section 482 Cr.PC quashing of FIR Crime No.58/2024 filed as a counter case to his own FIR for the same incident. Court noted both parties sustained injuries and that case and counter cases should be jointly tried; complaint averments showed prosecutable material, so petition was dismissed.
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NC: 2024:KHC:15890 CRL.P No. 2355 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 2355 OF 2024
BETWEEN:
PRITHVI RAJ K. A. @ DR. PRUTHVIRAJ K.A S/O ANANTHAIAH K AGED ABOUT 35 YEARS R/A NO. 26, SURABHI PWD QUARTERS ROAD MANASA SCHOOL, J.C. EXTENSION KANAKAPURA, RAMANAGARA KARNATAKA - 562 117.
…PETITIONER
(BY SRI KANISHK RAVINDRAN, ADV.)
AND:
Digitally signed by PAVITHRA N Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
NC: 2024:KHC:15890 CRL.P No. 2355 of 2024
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT TUNGA NAGAR POLICE IN CR.NO.0058/2024 AGAINST THE PETITIONER HEREIN FOR THE OFFENCE P/U/S 341, 323, 324, 504 AND 354 OF IPC, 1860 AND CURRENTLY PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DIV) AND JMFC-3 COURT, SHIMOGGA DISTRICT, SHIMOGA PRODUCED HEREWITH AS ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:15890 CRL.P No. 2355 of 2024
and taking advantage of the same, the false case has been lodged against the petitioner.
mother and his relatives for the offences punishable under Sections 504, 323, 324, 506, 34 IPC. In both the criminal cases, the offences under Sections 323 & 324 IPC has been invoked which prima facie would go to show that both the parties have suffered injuries in the incident that had taken place on 13.02.2024. Case and counter case has been registered by the parties in respect of the incident that had taken place on 13.02.2024, and therefore, the incident in question is not in dispute.
down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL - (2003)9 SCC 426 , and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments.
8. This Court in the case of ABDUL MAJID SAB VS STATE OF
KARNATAKA - ILR 2010 KAR 1719 , has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors.
found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaint prima facie show that necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in the said event, the inherent power under Section 482 Cr.PC can be exercised by this Court.
Sd/JUDGE
KK
1 issue framed by the court
Should proceedings in a case and counter FIR arising from the same incident be quashed under Section 482 Cr.PC?
Colour shows how this judgement treated each authority
Nathi Lal & Others vs State of U.P.Followed¶7
(1990) Supp. SCC 145 · Who else cites this
State of M.P. vs MishrilalRelied on¶7
(2003)9 SCC 426 · Who else cites this
Abdul Majid Sab vs State of KarnatakaReferred¶8
ILR 2010 KAR 1719 · Who else cites this
3 provisions across 2 enactments
Prithvi Raj K. A. @ Dr. Pruthviraj K.A
The State of Karnataka (Tunga Nagar Police Station, Shivamogga)
Gururaj M
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
