Sri H Ananda Vs State of Karnataka

SRI. RUDRAPPA S/O LATE SIDDAPPA, AGED ABOUT 70 YEARS, R/O PLANTATION HOUSE, DEVARAJ URS BADAVANE, B .H. RASTE, TARIKERE TOWN - 577228 CHIKKAMAGALURU DISTRICT.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1

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R2 SERVED BUT UNREPRESENTED)

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NC: 2025:KHC:4096 CRL.P No. 12064 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.226/2023 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 447, 323, 324, 506, 504 OF IPC, REGISTERED BY THE 1^ST RESPONDENT MALABENNUR POLICE STATION, MALABENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT INITIATED ON THE COMPLAINT OF THE 2^ND RESPONDENT.

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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, petitioner seeks for the following reliefs:

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a. Quash the FIR in Crime No.226/2023, for the alleged offence under Sections 447, 323, 324, 506, 504 of IPC registered by the 1^st respondent, Malabennur Police Station, Malabennur, Harihara Taluk, Davanagere District, initiated on the complaint of the 2^nd Respondent.

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b. Pass any other order or orders, which this Hon’ble Court deems it just and necessary in facts and circumstances of the present case, in the interest of justice and equity.

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Heard learned counsel for the petitioner and learned

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HCGP for respondent No.1 and perused the material on record.

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NC: 2025:KHC:4096 CRL.P No. 12064 of 2023

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Though respondent No.2 is served with notice of the petition, he has chosen to remain unrepresented.

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A perusal of the material on record will indicate that respondent No.2-defacto complainant filed a complaint on 04.09.2023 alleging that the petitioner had committed offences punishable under Sections 447, 323, 324, 506 and 504 of IPC. The said complaint was registered as FIR in Crime No.226/2023.

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A perusal of the material on record will indicate that apart from the fact that the allegations made by respondent No.2 against the petitioner in relation to immovable property are purely civil in nature, the necessary ingredients to constitute offences have not been made out by respondent No.2 who had made vague, bald and omnibus allegations without specific materials, particulars or details of alleged offences said to have been committed by the petitioner.

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Under these circumstances, continuation of the impugned proceedings would amount to abuse of process of law. In the result, I pass the following:

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NC: 2025:KHC:4096 CRL.P No. 12064 of 2023

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ORDER

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i) The petition is hereby allowed.

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ii) The impugned proceedings in FIR in Crime No.226/2023 registered by Malabennur Police Station, Malabennur, Harihara Taluk, Davanagere District on the file of the II Additional Civil Judge and JMFC Court, Harihara, Davanagere District, qua the petitioner are hereby quashed.

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Sd/-

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(S.R.KRISHNA KUMAR) JUDGE

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MDS List No.: 2 Sl No.: 19

Sri H Ananda v. State of Karnataka

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Sri H Ananda v. State of Karnataka

Case brief

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