Allowed

Sri B C Ganesh v. State of Karnataka

Karnataka HC16 Jul 2025CRL.P/3985/2025

Case brief

AI extract

What is this about?

Petitioners challenged a charge sheet and FIR under Section 504 IPC filed by a respondent neighbour. The High Court held the necessary ingredients of the offence were conspicuously absent and noted that the police should have obtained magistrate permission as the offence is non-cognizable. Consequently, the Court quashed the charge sheet, FIR, and related proceedings to ensure peace between neighb

What did the court decide?

Charge sheet in CC.No.30270/2023, FIR dated 15.12.2022 bearing Crime No.0326/2022, and Proceedings in CC.No.30270/2023 arising out of P.C.R.No.16467/2022 are quashed.

Sri B C Ganesh Vs State of Karnataka — Constitutional and Fundamental Rights | Karnataka HC (2025)

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1 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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CRIMINAL PETITION NO.3985 OF 2025

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BETWEEN:

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SRI B.C. GANESH SON OF CHANDRASHEKAR, AGED ABOUT 44 YEARS,

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SRI. B C KRISHNAMURTHY SON OF CHANDRASHEKAR, AGED ABOUT 54 YEARS,

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SRI. HARISH.K SON OF KRISHNAMURTHY, AGED ABOUT 30 YEARS,

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Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA

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SRI. LOKESH K SON OF KRISHNAMURTHY, AGED ABOUT 30 YEARS,

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ALL THE PETITIONERS ARE RESIDENTS AT NO.5/22, 1^ST MAIN, 4^TH CROSS, BHARATHI LAYOUT, SUDGUNTEPALAYA, TAVARKERE, BENGALURU - 560 029.

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…PETITIONERS

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(BY SMT. LEKHA.G.D., FOR SMT. KAVITHA DAMODARAN, ADVOCATES)

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2 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA BY SUDGUNTEPALAYA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001.

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SMT. BHAGAYAMA, DAUGHTER OF RAMACHANDRAPPA AGED ABOUT 47 YEARS, RESIDING AT NO. 4/9-1, 1^ST MAIN ROAD, BHARATHI LAYOUT, D.R.C POST, SUDGUNTEPALYA, BENGALURU - 560 029.

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…RESPONDENTS

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(BY SMT. SOWMYA.R HCGP FOR R1; SRI. V.B.SHIVAKUMAR, ADVOCATE FOR R2)

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THIS CRL.P FILED U/S.482 CR.PC PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN C.C.NO.30270/2023 PENDING IN THE FILE OF THE VI ACMM BENGALURU UNDER SEC.504 R/W SEC.34 OF IPC (ANNEXURE A) AND ETC.,

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners seek the following

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reliefs:

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(a) QUASH the Charge Sheet in CC.No.30270/2023 pending in the file of Hon'ble Chief Judicial Magistrate,

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3 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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Bengaluru under Sections 504 read with 34 of the Indian Penal Code (Annexure-A);

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(b) QUASH the FIR dated 15.12.2022 bearing Crime No.0326/2022 pending in the file of Hon'ble Chief Judicial Magistrate. (Annexure-D);

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(c) QUASH the Proceedings in CC.No.30270 / 2023 arising out of P.C.R.No.16467/2022 pending in the file Hon'ble Chief Judicial Magistrate (Annexure - B);

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(d) GRANT such further and other orders and/or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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Heard the learned counsel for the

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petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

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A perusal of the material on record would

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indicate that respondent No.2 - de facto complainant is none other than the neighbor of the petitioners herein. On 14.11.2022, respondent No.2 filed the private complaint in P.C.R.No.16467/2022 against the petitioners for alleged offences punishable under Section 334, 335, 336 and 338 r/w Section 34 of IPC.

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4 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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In pursuance of the same, the learned Magistrate referred the complaint to the Police Authorities on 16.11.2022, pursuant to which, FIR in Crime No.326/2022 was registered against the petitioners only for offence punishable under Section 504 r/w Section 34 of IPC. After investigation, the Police Authorities filed the impugned charge sheet, which is pending adjudication in C.C.No.30270/2023, which is assailed in the present petition.

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A perusal of the material on record

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comprising of the private complaint, FIR, charge sheet material, statement of witnesses and document etc., is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable under Section 504 are conspicuously absent from the material on record. In addition thereto, the offence under Section 504 being non-cognizable, it was incumbent upon the police authorities to obtain necessary permission from the jurisdictional Magistrate.

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5 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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Under these circumstances, I am of the

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considered opinion that the impugned proceedings deserve to be quashed, warranting interference of this Court in the present petition.

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In this context, it is relevant to state that

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the petitioners and respondent No.2 undisputedly being neighbours, it would be advisable in their own interest to live in peace and harmony with each other without repeating the alleged incident in question in future.

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In the result, I pass the following

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ORDER

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i. Criminal petition is allowed .

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ii. The charge sheet in CC.No.30270/2023 pending in the file of Chief Judicial Magistrate, Bengaluru under Sections 504 read with 34 of the Indian

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Penal Code (Annexure-A); the FIR dated 15.12.2022 bearing Crime No.0326/2022 pending in the file of Hon'ble Chief Judicial Magistrate

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6 - NC: 2025:KHC:26280 CRL.P No. 3985 of 2025

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HC-KAR

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(Annexure-D); and the Proceedings in CC.No.30270/2023 arising out of P.C.R.No.16467/2022 pending in the file Hon'ble Chief Judicial Magistrate (Annexure - B) are hereby quashed

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SD/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 1 Sl No.: 24

Sri B C Ganesh v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri B C Ganesh v. State of Karnataka

Case brief

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