CRL.P/527/2024 of MR BOREGOWDA Vs STATE OF KARNATAKA BY on 15 September 2026

ORAL ORDER

1. This petition is filed under Section 482 of Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.1401/2023, arising out of Crime No.144/2023, for the offences punishable under Sections 504, 324, 323, 326,

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341, 354, 427 and 506 read with Section 34 of IPC, presently pending on the file of II Addl. Civil Judge (Jr.Dn.) and JMFC, Maddur.

2. The factual matrix of the case is that, on 09.05.2023 at about 08:30 p.m., respondent No.2 had been to the shop of accused No.2 and enquired him about the expired food, which was delivered to him. At that time, accused No.2 and others picked up a quarrel with respondent No.2 and abused him in filthy language and thereafter, assaulted him with cool drinks bottles and also threatened him with dire consequence. At that time, the charge sheet witness No.5 while passing on the said road, rescued respondent No.2 and shifted him to Primary Health Centre, Maddur. As such, respondent No.2 lodged a complaint against the petitioners for the offences stated supra. On the strength of said complaint, FIR came to be registered against the petitioners for the aforementioned offences. The respondent No.1-Police investigated the case and laid charge sheet against the petitioners for the aforesaid offences and the learned Magistrate took cognizance of the

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case. Aggrieved by the same, the petitioners preferred this petition seeking to quash the proceedings.

3. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1. Though notice was served to respondent No.2, he remained absent.

4. The primary contention of the learned counsel for the petitioners is that a complaint has been lodged by respondent No.2 as a counter blast for the complaint filed by accused No.1/petitioner No.1 against respondent No.2 and his family members. According to him, due to the alleged incident dated 09.05.2023, accused No.1 sustained grievous injuries and thereby, he lodged a complaint against respondent No.2 and his family members, which was registered in Crime No.143/2023 before respondent No.1-Police for the offences punishable under Sections 324, 504 and 506 read with Section 34 of IPC. In the said case also, respondent No.1-Police filed charge sheet against respondent No.2 and others. Additionally, the co-brother of petitioner No.1 also lodged a complaint against respondent No.2 and his family members in respect of

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the same offences in Crime No.145/2023. Moreover, respondent No.2 has not sustained any injuries due to the incident, whereas petitioner No.1 sustained grievous injuries. In such circumstances, he submits that this complaint is filed against the petitioners as a counter blast out of wreak vengeance. Accordingly, he prays to allow the petition by quashing the proceedings.

5. The aforesaid prayer is opposed by the learned HGCP on the ground that there are cases and counter cases and petitioner No.1 has admitted the incident dated 09.05.2023. As such, the proceedings cannot be quashed, at this stage. Moreover, since charge sheet has been filed in all the three complaints, the proceedings cannot be quashed against the petitioners. Accordingly, he prays to dismiss the petition.

6. I have given my anxious consideration on the submissions of learned counsel for the respective parties and perused the documents made available on record.

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7. As could be gathered from records, in respect of the incident dated 09.05.2023, in total, three complaints had been lodged, initially by accused No.1 against respondent No.2 and his family members in Crime No.143/2023. Thereafter, respondent No.2 lodged a complaint against the petitioners in Crime No.144/2023 and subsequently, the co-brother of petitioner No.1 lodged a complaint against respondent No.2 and his family members in Crime No.145/2023. The said complaints depict the incident dated 09.05.2023. The contention of the learned counsel for the petitioner that in the said incident, accused No.1 sustained grievous injuries and respondent No.2 has not sustained any injuries cannot be accepted, since the present complaint clearly discloses that respondent No.2 also sustained injuries and after the incident, he was admitted to Primary Health Centre, Maddur. As such, in this petition, this Court cannot ascertain as to who was the aggressor and at whose end the alleged incident was caused. Moreover, in all three cases, respondent No.1-Police submitted the charge sheet and it is for the Trial Court to examine as to who was the aggressor. As such, the assertions in the complaint have to be

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tested in a detailed trial. Hence, the proceedings cannot be quashed against the petitioners/accused Nos. to 4. Accordingly, the petition lacks merit and is liable to dismissed.

SD/- (RAJESH RAI K) JUDGE

HKV List No.: 1 Sl No.: 20