IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P.NO.5576 OF 2013 BETWEEN:
K. SUBRAMANYAM SON OF KRISHNASWAMY AGED ABOUT 51 YEARS RESIDING AT NO.695, 17TH MAIN 7TH CROSS, SBM BANK COLONY BANGALORE – 560050.
(BY SRI. PAVAN KUMAR .G - FOR SRI. NAGARAJA K.R.–ADVOCATES) AND:
1. STATE BY THILAKNAGAR P.S., REPRESENTED BY S.P.P., HIGH COURT BUILDING BANGALORE – 560001.
2. VELU .S SON OF LATE SHANMUGAM AGED ABOUT 30 YEARS RESIDING AT NO.555 29TH ‘A’ MAIN, CORPORATION COLONY BANGALORE – 560069.
…PETITIONER ... RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE – ADDL. SPP FOR R-1; SRI J. K. LOKESHA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 21.6.2013 IN C.C.NO. 9129/2013 AND QUASH THE PROCEEDINGS PENDING AGAINST THE PETITIONER ON THE FILE OF THE II – ADDL. C.M.M., BANGALORE.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant case, FIR is registered against the petitioner for the offences punishable under Sections 504, 506(B) of IPC. Both the offences alleged against the petitioner are non-cognizable offences. FIR is registered without the compliance of mandatory requirements as prescribed under Section 155(2) of Cr.P.C.
2. Therefore, the impugned proceedings being opposed to the mandatory requirements of Section 155(2) of Cr.P.C., the FIR registered against the petitioner for the offences punishable under Sections 504 and 506(B) of IPC is hereby quashed reserving liberty to the petitioner to proceed against the complainant, if advised by complying with the provisions of Section 155(2) of Cr.P.C.
Sd/- JUDGE TL