Accused sought quashing of proceedings for sexual offences against his former colleague, citing delay in complaint and a counter-case. Court held delay alone is not a ground for quashing, defences can be raised at trial, and dismissed the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN WRIT PETITION NO. 8244 OF 2022 (GM-RES)
BETWEEN:
RAJKUMAR PARI S/O PARI, AGED ABOUT 37 YEARS, R/A NO.201, JPC POOJA, SURVEY NO.5, NORBET CHURCH ROAD, KASAVANAHALLI, BENGALURU - 560 035.
…PETITIONER
(BY SRI. SIJI MALAYIL, ADVOCATE)
AND:
MARATHAHALLI POLICE STATION, BENGALURU - 560 037. REPRESENTED BY SPP, HIGH COURT BUILDING, CUBBON PARK, BANGALORE - 560 001.
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
SUB INSPECTOR OF POLICE, MARATHAHALLI POLICE STATION, BENGALURU - 560 037.
…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 AND R3; SRI. YASHODHAN HEGDE, ADVOCATE FOR R2)
NC: 2024:KHC:10319 WP No. 8244 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO ALLOW THE PRESENT PETITION AND QUASH THE CRIMINAL PROCEEDINGS IN CC NO.52810/2021 FOR OFFENCES PUNISHABLE UNDER SECTIONS 354, 354A, 354B, 354D, 506 AND 509 OF INDIAN PENAL CODE MAGISTRATE, MAYOHALL AT BENGALURU VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 482 of Cr.P.C., for quashing the criminal proceedings in C.C.No.52810/2021 arising out of Crime No.16/2021 registered by Marathahalli police station and charge sheeted for the for the offences punishable under Sections 354, 354A, 354B, 354D, 506 and 509 of Indian Penal Code (hereinafter referred to as 'IPC') pending on the file of XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru.
alleged by respondent No.2, that she was working as HR Manager in a private company, where the petitioner said to be working under her as a team. During the course of employment, the petitioner said to be trying to sexually assault her on 30.7.2019. Wherein the complainant was staying in house, the accused petitioner called her telephonically for coffee and took to his own house and attempted to commit rape and she has escaped from the same. She also stated on 23.2.2018 she has sent email asking the accused not to talk unrelated topics, than the work. But he has continuously harassed her one or the other way and there is various allegations made by her in the complaint. Later, she came to know, the petitioner filed a false complaint against her as a sexual harassment on him. She has stated the petitioner himself attempted to commit rape and outrage her modesty. Hence prayed for taking action. The police registered FIR and filed the charge sheet which is under challenged.
FIR registered against petitioner and complaint filed by her is belatedly more than 2 years. The incident alleged said to have taken place during July 2018 and the complaint filed in January
NC: 2024:KHC:10319 WP No. 8244 of 2022
facie material placed on record, for framing of the charges against him, the statement under Section 164 of Cr.P.C., made by respondent No.2 clearly attracts the provision of 354 of IPC. Here in this case, there is a delay, that itself is not a ground for quashing the Criminal proceedings. The delay was properly explained by the complainant in the complaint itself and therefore prayed for dismissing the petition.
mode and she was in home. The accused /petitioner said to have come in the mid night on the said day and took her in the name of the coffee to his home. After he went to house, the petitioner removed his t-shirt and threw it on her and tried to sexually assault her. However, somehow she has escaped from him and she says the accused attempted to commit rape on her. Subsequently, says she has resigned the job. Inspite of the same, the accused petitioner continuously was harassing her and attempted to contact her and talk to her, since she left from the job from infinity company. There is various allegations made by her in the statement under Section 154 of Cr.P.C., as well as FIR and the statement under Section 164 of Cr.P.C. before the Magistrate. It is triable case, against the petitioner for taking cognizance and conducting trial. Though the complaint filed by the petitioner against respondent No.2, which was registered as FIR after receiving the NCR and police have said to have found that the 'B final report' was filed in the said case and he has filed protest which is pending for taking cognizance. Such being the case, it is not a fit case for quashing the Criminal proceedings. Taking cognizance or not taking cognizance, is left to the Magistrate. Presently the
NC: 2024:KHC:10319 WP No. 8244 of 2022
complaint filed by him has been negatived by the police by filing 'B Final Report'. Even otherwise, case and counter case is there and the same cannot be dismissed or quashed on the ground of delay in filing the complaint. If at all any defences available which can be taken during the cross examination. Therefore, I am of the view, it is not a fit case for quashing the criminal proceedings, at this stage.
Accordingly, this petition is dismissed .
Sd/JUDGE
AKV List No.: 1 Sl No.: 15 CT:SK
1 issue framed by the court
Whether criminal proceedings under Sections 354, 354A, 354B, 354D, 506 and 509 IPC should be quashed on grounds of delay in complaint and a counter-complaint by the accused.
3 provisions across 3 enactments
Rajkumar Pari
State of Karnataka by Marathahalli Police Station
Miriam Shaju
Ashok J M, Sub Inspector of Police, Marathahalli Police Station
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
