Criminal Petition No. 2832 of 2020 · The High Court
Case Details
- 1 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2832 OF 2020 BETWEEN: 1. PRUTHVI SANIKAM, S/O. RAMAKRISHNA REDDY, AGED ABOUT 29 YEARS, #204, 2ND BLOCK TURVANURU, NEAR LALESHWARA TEMPLE, TURUVANUR, CHITRADURGA - 577 517. 2. SANIKAM RAMAKRISHNA REDDY, S/O GOVINDA REDDY, AGED ABOUT 64 YEARS, AGRICULTURIST, TURVANURU VILLAGE, CHITRADURGA TALUK CHITRADURGA - 577 501 Digitally signed by SWAPNA V Location: high court of karnataka
Legal Reasoning
(BY SRI. K. DIWAKARA, ADVOCATE FOR SRI. ADITYA .D., AND SRI. HITESH GOWDA .B.J., ADVOCATES FOR PETITIONER 1 & 2) …PETITIONERS AND: 1. STATE OF KARNATAKA BY CHITRADURGA EXTENSION POLICE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 2. NATARAJ N.J., S/O LATE JAYARAMAREDDY, AGED ABOUT 51 YEARS, R/O ENTURU LAYOUT, TURVANURU ROAD, CHITRADURGA TOWN, CHITRADURGA - 577 501 - 2 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 (BY SMT. SWAPNA R. NAIR, ADVOCATE FOR SRI. A. RAJESH, ADVOCATE) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT FILED AGAINST THE PETITIONERS IN CR.NO.72/2020 REGISTERED BY CHITRADURGA EXTENSION POLICE FOR THE OFFENCE P/U/S 420, 504, 506 OF IPC PENDING FOR THE FILE OF PRL. CIVIL JUDGE (SN.DV) AND CJM COURT, CHITRADURGA DISTRICT, CHITRADURGA. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Even though the matter is listed for 'Admission', as both the learned counsels are ready to address their arguments on merits, the matter is taken up for final disposal. 2. The petitioners being accused Nos. 1 and 2 are seeking to quash the criminal proceedings initiated against them by respondent No.2 in Crime No.72/2020 of Chitradurga Extension police station, on the file of the learned Principal Civil Judge (Sn.Dv) & CJM Court, Chitradurga District, Chitradurga, for the offences punishable under Sections 420, 504, 506 of Indian Penal Code (in short` 'IPC Act'). - 3 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 3. Brief facts of the case are that, respondent No.2 as informant filed the first information with Chitradurga Extension police against accused Nos. 1 and 2, who are the petitioners herein alleging commission of the offence punishable under Sections 420, 504, 506 of IPC. It is stated that, initially accused No.1 was working as a Commercial Tax Officer and he wanted to marry the daughter of respondent No.2. During 2019, both the families agreed for the marriage and respondent No.2 provided financial help to accused No.1. Later, he got selected in KPSC exam and appointed as Tahsildhar. It was decided to have the engagement ceremony on 28.02.2020. But when respondent No. 2 tried to contact accused No. 1 over phone, he was not picking up the call. He started evading respondent No. 2. Since 11.02.2020, he was found missing, when respondent No.2 contacted accused No.2, he abused him and criminally intimidated to take away the life. Therefore, it is stated that accused Nos.1 and 2 committed cheating and criminally intimidated and hence, requested the police to register the case and to initiate legal action. Accordingly, the FIR in Crime No.72/2020 of Chitradurga Extension police station came to be registered and investigation was undertaken. In the meantime, - 4 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 the petitioners have approached this Court seeking to quash the criminal proceedings initiated against them. 4. Heard Sri K.Diwakara, learned counsel for Sri Aditya D & Sri Hitesh Gowda B.J, learned counsel for the petitioners, Smt. Swapna R Nair, learned counsel for Sri A Rajesh, learned counsel for the respondent. Perused the materials on records. 5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the Petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 6. Learned counsel for the petitioners contended that, the only allegation made against accused No.1 is that he was not picking up call of respondent No. 2 and he evaded him. The allegation against accused No.2 is that, he spoke rudely with respondent No.2 when he repeatedly called him. The allegation - 5 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 against accused No. 1 that he agreed to marry the daughter of respondent No.2 and that he had received the financial assistance has no basis. No criminal offence whatsoever is made out. Sections 420, 504, 506 of IPC could not have been invoked by the police. Registration of the FIR is in abuse of process of law and hence, the petition is to be allowed. 7. On perusal of the averments made in the first information, a major concern of respondent No.2 is that, accused No.1 who agreed to marry his daughter, later started evading him. Even he has not agreed for the engagement ceremony. It is also stated that respondent No.2 has helped accused No.1 financially and inspite of that, he is not marrying his daughter. Even if such allegations are to be accepted, none of the penal provisions could be invoked against accused Nos. 1 and 2. If respondent No.2 had paid any amount to accused No.1, he can seek its recovery by approaching the Civil Court. Accused No.1 cannot be compelled to marry the daughter of respondent No.2 when he is not willing. The same will not amount to Section 420 of IPC. Therefore, none of the penal provision could have been invoked by the police for registering the FIR and it is in clear abuse of process of law. Therefore, I - 6 - NC: 2025:KHC:1343 CRL.P No. 2832 of 2020 am of the opinion that the criminal proceedings is liable to be quashed. 8. Accordingly, I answer the above point in the Affirmative and proceed to pass the following:
Decision
ORDER (i) The petition is allowed. (ii) The FIR registered in Crime No.72/2020 of Chitradurga Extension police station, on the file of the learned Principal Civil Judge (Sn.Dv) & CJM Court, Chitradurga District, Chitradurga, for the offences punishable under Sections 420, 504, 506 of IPC is hereby quashed. In view of disposal of the main petition, pending IA No.1 of 2021 stands disposed of. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 29