Criminal Petition No. 13372 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13372 OF 2023 C/W CRIMINAL PETITION NO. 3727 OF 2024 IN CRL.P No. 13372/2023 BETWEEN: SMT. SHUBHA GOPAL, W/O CHANDRASHEKARA K.G, AGED 53 YEARS, PROFESSOR, MICROBIOLOGY DEPARTMENT, MANASAGANGOTHRI, MYSORE, R/A NO.5216, 8TH CROSS, KANAKADASANAGARA, DATTAGALLI 3RD STAGE, MYSURU - 570 022. (BY SRI. M.S. SHYAM SUNDAR, SR. COUNSEL FOR SRI. RAVI SHANKAR K, ADVOCATE) …PETITIONER AND: 1. THE STATE BY JAYALAKSHMIPURAM POLICE,
Legal Reasoning
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.
Legal Reasoning
2. SMT. HARSHA TEJASWINI C, W/O SRI. NAVEEN, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR AGED ABOUT 29 YEARS, R/AT NO.525, CAUVERY APARTMENTS, SHARADADEVI NAGAR, MYSURU - 570 022. (BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1; SRI. DR. JOSE P. VERGHESE, ADVOCATE FOR SRI. VIKAS M, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR AND COMPLAINANT LODGED AGAINST THE IN CR.NO.66/2023 REGISTERED BY THE PETITIONER JAYALAKSHMIPURAM THE POLICE, MYSURU, AGAINST PETITIONER FOR OFFENCE P/U/S 3(1)(r), 3(1)(j), 3(1)(s), 3(1)(v) OF SC/ST (POA) ACT, 2015, WHICH IS ON THE FILE OF 6TH ADDL. DISTRICT AND SESSIONS COURT, MYSORE CITY. IN CRL.P NO. 3727/2024 BETWEEN: SMT. SHUBHA GOPAL W/O CHANDRASHEKARA K G AGED 53 YEARS, PROFESSOR, MICROBIOLOGY DEPARTMENT, MANASAGANGOTHRI, MYSORE R/AT NO. 5216, 8TH CROSS, KANAKADASANAGARA, DATTAGALLI 3RD STAGE, MYSURU - 570 022. ...PETITIONER (BY SRI. SHYAM SUNDAR M.S, SR. COUNSEL FOR SRI. RAVI SHANKAR K, ADVOCATE) AND: 1. THE STATE BY JAYALAKSHMIPURAM POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. - 3 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR 2. SMT. HARSHA TEJASWINI C, W/O SRI. NAVEEN, AGED ABOUT 30 YEARS, R/AT NO.525, CAUVERY APARTMENTS, SHARADADEVI NAGAR, MYSURU - 570 022. ...RESPONDENTS (BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1; SRI. DR. JOSE P. VERGHESE, ADVOCATE FOR SRI. VIKAS M, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT LODGED AGAINST THE PETITIONER IN CR.NO.8/2024 JAYALAKSHMIPURAM P.S., PENDING ON THE FILE OF THE 4tH ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, JLB ROAD, MYSURU CITY FOR OFFENCE P/US/ 341 OF IPC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.13372/2023, the petitioner seeks for the following reliefs: "WHEREFORE, it is respectfully pray that this Hon'ble Court be pleased to call for records in Crime No.66/2023 pending on the file of 6th Additional District and Sessions Court, Mysore City - 4 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR and be peased to quash the FIR and complaint lodged against the petitioner in Crime No.66/2023 registered by the Jayalakshmipura Police, Mysuru, against the petitioner for offences punishable under Sections3(1)(r), 3(1)(j), 3(1)(s), 3(1)(v) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015, which is on the file of 6th Additional District & Sessions Court, Mysore City, in interest of justice and equity." 2. In Crl.P.No.3727/2024, the petitioner seeks for the following reliefs: "WHEREFORE, it is respectfully pray that this Hon'ble Court be pleased to call for records in Crime No.8/2024 pending on the file of 4th Additional Civil Judge (Jr.Dn) and JMFC Court, JLB Road, Mysore City and be pleased to quash the FIR and complaint lodged against the petitioner in Crime No.8/2024, Jayalakshmipuram PS pending on the file of 4th Additional Civil Judge (Jr. Dn) and JMFC Court, JLB Road, Mysore City for offences punishable under Section 341 of IPC, in interest of justice and equity." 3. Heard learned Senior Counsel for the petitioner, learned Additional SSP for respondent No.1 and learned Senior Counsel for respondent No.2 and perused the material on record. - 5 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR 4. A perusal of the material on record will indicate that the petitioner is a Research Professor in the Microbiology Department at Manasagangothri University, Mysore, while respondent No.2 was a Research Scholar in Microbiology and the petitioner was nominated as a guide of respondent No.2 for that doctoral thesis during the period 2001-2023. It is pertinent to note that respondent No.2 belongs to the SC/ST community and on 23.11.2023, respondent No.2 filed the instant complaint which was registered as an FIR in Cr.No.66/2023 against the petitioner for the offences punishable under Sections 3(1)(V), 3(1)(R), 3(i)(s), 3(1)(J) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved by the said complaint and FIR, the petitioner has preferred Crl.P.No.13372/2023. 5. During the pendency of the present petition, respondent No.2 filed one more complaint dated 20.03.2024 registered as an FIR in Cr.No.8/2024 against the petitioner alleging offence punishable under Section 341 of IPC, which is assailed in Crl.P.No.3727/2024. - 6 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR 6. Since the petitioner and respondents in both the petitions are one and the same, they are taken up together and
Decision
disposed of by way of this common order. 7. Learned Senior Counsel appearing for respondent No.2 on instructions submits that respondent No.2 may be permitted to withdraw both the complaints dated 20.03.2024 and 23.11.2023 by reserving liberty in favour of respondent No.2 to file a fresh complaint, which may directed to be considered by respondent No.1 in accordance with law. It is also submitted on instructions that liberty may be reserved in favour of respondent No.2 to ventilate her grievances before the Manasagangothri University, Mysore, including the Vice Chancellor, Registrars, etc., and said persons may be directed to consider the said representations, requests and grievances of respondent No.2 in accordance with law without any interference, interruption or impediment from the petitioner herein. 8. Per contra, learned Senior Counsel for the petitioner submits that the petitioner is no longer is the Guide of respondent No.2 and consequently, the question of the petitioner allegedly - 7 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR interfering, interrupting or acting detrimentally to the interest of respondent No.2 would not arise since the new Guide-Mahadeva Murthy has been assigned as a Guide to respondent No.2. 9. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to dispose of both the petitions by quashing the impugned FIRs in view of the withdrawal of the complaints by respondent No.2 and by issuing certain directions and liberty in favour of respondent No.2. In the result, I pass the following: ORDER i. Both the petitions are hereby disposed of. ii. The complaints dated 23.11.2023 and 20.03.2024 filed by respondent No.2 against petitioner are quashed as withdrawn. iii. In view of the withdrawal of the complaints dated 20.03.2024 and 23.11.2023 by respondent No.2, the consequential FIR in Cr.Nos.8/2024 and Cr.No.66/2023 are also hereby quashed. - 8 - NC: 2025:KHC:21258 CRL.P No. 13372 of 2023 C/W CRL.P No. 3727 of 2024 HC-KAR iv. Liberty is reserved in favour of respondent No.2 to file fresh complaint(s) which shall be considered by respondent No.1/Police in accordance with law. v. Liberty is also reserved in favour of respondent No.2 to submit grievances, representations, requests etc., before the Manasagangothri University, Mysore including Vice Chancellors, Grievance Committee etc., which shall consider the same and proceed further in accordance with law without any interruption, impediment or obstruction from the petitioner. vi. The joint submissions made by both sides, the petitioner is no longer the guide of respondent No.2 and that one Mahadeva Murthy has been designated and nominated as the guide of respondent No.2 is placed on record. vii. All rival contentions and all aspects of the matter are kept open, no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 1 CT: BHK