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Chargesheet that do not contain any offences punishable under sections of IPC are taken to trial, it amounts to abuse of the Court process: Karnataka High Court

The disputes existed between the developer and apartment owners in regard to issues related to parking areas. Such an opinion was held by The Hon’ble High Court of Karnataka before The Hon’ble Mr. Justice Sreenivas Harish Kumar in the matter of Praneth and Ors Vs. State of Karnataka and Anr [CP NO. 3970/2019]. 

The facts of the case were associated with a criminal petition filed under Section 482 of Cr.P.C to quash the proceedings on the file of A.C.J.M in Bengaluru Rural District. In connection to the offences punishable under Sections 341, 504 and 506 with Section 34 of IPC, the petitioners no 1 to 5 were accused and had to face trials. It was submitted by respondent no 2 that the petitioners abused and threatened him. It seemed that petitioner 1 was the developers and other petitioners were his workers.

It was complained by the petitioner that respondent 2 had removed the parking boards in cellar portions and when petitioner 2 questioned him, he was threatened to be killed by respondent 2. It was also reported that an injunction suit was also filed by petitioner 1 against some of the residents of the apartment. FIR was registered based on the complaints made by the petitioner 2. It was found that relating to the issue of parking area and payment of maintenance charges, the dispute between the developers and apartment owners rose.

The Hon’ble Court examining all the submissions stated that no offences under the said Sections were punishable according to the FIR. As no offences against the petitioners were forthcoming, then the proceedings against the petitioners can be quashed.

Thus, The Hon’ble Court ruled out that “The petition is allowed. Proceedings against C.C. No. 466/2019 pending on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, are hereby quashed, insofar as the petitioners are concerned.”

Click here to read the Judgment

Judgment reviewed by Bipasha Kundu

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