Venkatappa Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.111/2023 DATED 05.06.2023 AND THE CHARGE SHEET LAID BY THE 1^ST RESPONDENT POLICE IN CHARGE SHEET NO.20/2024 DATED 08.02.2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 463, 471, 120(B), 149 OF IPC, AGAINST THE PETITIONERS AND ALSO COGNIZANCE TAKEN BY THE HON'BLE PRL. SENIOR CIVIL JUDGE AND JMFC, HUNSUR ON 18.06.2024 BY DIRECTING TO REGISTER A CRIMINAL CASE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 419, 420, 463, 471 READ WITH SECTION 34 OF IPC, AND THEREBY ENTIRE PROCEEDINGS IN CC.NO.292/2024 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, HUNSUR IN SO FAR AS PETITIONERS ARE CONCERNED.

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NC: 2025:KHC:617 CRL.P No. 10738 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seeks to quash the entire proceedings in C.C.No.292/2024 pending before the Prl. Senior Civil Judge & JMFC, Hunasur, arising out of FIR Crime No.111/2023 registered by Hunusur Town Police Station, for the offences punishable under for the offences punishable under Sections 419, 420, 463, 468, 471, 120B, 149 of IPC.

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Heard.

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A perusal of the material on record would

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indicate that respondent No.2-complainant had filed a PCR No.120/2022 before the learned Magistrate, who referred the same for investigation under Section 156(3) of Cr.P.C to the jurisdiction police authority to file the charge sheet on 08.02.2024, pursuant to which the learned Magistrate took cognizance on 18.06.2024 and issued summons to

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NC: 2025:KHC:617 CRL.P No. 10738 of 2024

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the petitioners-accused Nos.1 to 6, who are before this

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Court, by way of the present petition.

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Learned counsel for the petitioners submit that without the respondent No.2-complainant filing the mandatory affidavit along with aforesaid PCR No.120/2022, as held in the case of Priyanka Srivastava & Anr vs State of U.P. & Ors¹ , which would followed by co-ordinate of bench of this Court in the case of Shri M P

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Aravinda and others vs State of Karnataka and another ,² learned Magistrate was not entitled to refer the matter for investigation to the police authority, much less take cognizance of the offences and such the impugned proceedings deserved to be quashed.

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Per contra , learned counsel for respondent No.2 would submitted there is no merits in the petition and the same is liable to be dismissed.

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A perusal of the material on record would indicate that as rightly contended by the learned counsel

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1 2015 (6) SCC 287

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2 Crl.P.No.3823 of 2022

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5 - NC: 2025:KHC:617 CRL.P No. 10738 of 2024

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for the petitioners, mandatory affidavit had not been filed by respondent No.2-complainant along with the PCR No.120/2022 and in the light of judgment of the Hon'ble Apex Court in Priyanka Shrivastava case, as stated supra, followed by this Court in Shri M P Aravinda and others vs State of Karnataka and another, I am of the considered opinion, impugned proceeding deserved to be quashed by reserving liberty in favour of respondent No.2 to initiate proceedings against the petitioners in

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accordance with law.

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7. Accordingly, the following:

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:ORDER:

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i) The Criminal petition is allowed .

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ii) Entire proceedings in C.C.No.292/2024 pending before the Prl. Senior Civil Judge & JMFC, Hunasur, arising out of FIR Crime No.111/2023 registered by Hunusur Town Police Station, for the offences punishable under for the offences punishable under Sections 419,

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6 - NC: 2025:KHC:617 CRL.P No. 10738 of 2024

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420, 463, 468, 471, 120B, 149 of IPC is hereby quashed.

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iii) Liberty is reserving in favour of respondent No.2 to take such remedy as available in law including initiating fresh proceedings against the petitioners in accordance with law.

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SD/(S.R.KRISHNA KUMAR) JUDGE

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ASN

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List No.: 2 Sl No.: 15

Venkatappa v. the State of Karnataka

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Venkatappa v. the State of Karnataka

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