IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1319 OF 2019 BETWEEN:
VARUN SAI SRIDHAR AGED ABOUT 32 YEARS S/O. SRIDHAR RAMASWAMY RESIDING AT NO.3314, 7TH CROSS 13TH MAIN, H.A.L. 2ND STAGE INDIRANAGAR BANGALORE – 560 008 (BY SHRI PRAVEEN C, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY INDIRANAGAR POLICE STATION INDIRANAGAR, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560001 2. R.MUNIRAJU AGED ABOUT 44 YEARS S/O. B.M.RAMAIAH …PETITIONER RESIDING AT 10/3, BYRAVESHWARA NILAYA 13TH MAIN, 1ST CROSS H.A.L. 2ND STAGE INDIRANAGAR BANGALORE – 560 008 … RESPONDENTS (BY SHRI NASRULLA KHAN, HCGP FOR R1;
R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS FOR AN ALLEGED OFFENCES P/U/S 427, 506, 341 AND 504 OF IPC IN C.C.NO.52345/2016 AGAINST THE PETITIONER NOW PENDING BEFORE THE X ADDL. C.M.M., BENGALURU AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Despite service of notice, respondent No.2 has remained absent.
2. Second respondent has filed a complaint stating that petitioner had broken a commode and a wash basin. Accordingly, FIR No.320/2015 was registered on 05.09.2015 in Indiranagar Police Station. After investigation, police have filed charge sheet for the offences punishable under Sections 341, 427, 504 and 506 IPC.
3. Shri Praveen C., learned advocate for the petitioner submits that the reading of the entire complaint does not disclose ingredients of offence punishable under Section 341 of IPC. Therefore, the police could not have registered the FIR. Consequently, they could not investigate into the matter. Accordingly, he prays for quashing entire criminal proceedings.
4. Shri Nasrulla Khan, learned HCGP in his usual fairness submits that the complaint could not have been registered as ingredients of offence punishable under Section 341 of IPC are not-found.
5. I have carefully considered the rival contentions and perused the records.
6. It is alleged in the complaint that the petitioner has broken the commode and a wash basin. Section 341 of IPC reads as follows:
“341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”
7. The complaint does not disclose that the complainant was restrained by the petitioner. Therefore, no ingredients of Section 341 of IPC are made out in the complaint. The offences under Sections 427, 504 and 506 of IPC are non-cognizable. Therefore, in the absence of ingredients of Section 341 of IPC, police could not have registered the FIR. Even after investigation, no material is placed by the prosecution to show that there existed any circumstance suggesting commission of offence under Section 341 of IPC. In the circumstances, the proceedings initiated against the petitioner amounts to abuse of process of law.
8. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.52345/2016 pending on the file of X Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed.
No costs.
Sd/-
JUDGE HJ