Karnataka High Court
Srikantayya Alias Shrikanth vs State Of Karnataka on 27 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC-D:1581
CRL.P No. 100899 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100899 OF 2022 (482(Cr.PC)/528(BNSS))
BETWEEN:
SRIKANTAYYA @ SHRIKANTH
AGE. 39 YEARS, OCC. PRIVATE SERVICE,
R/O. AMMINGAD, TQ. HUNGUND,
DIST. BAGALKOT, PRESENTLY AT
OM SHIVA SAI BLOCK SECTOR,
SHAHAJI RAJE BHOSALE NAGAR ROAD,
MAGARPATTA, HADAPSAR, PUNE-411028,
MAHARASHTRA.
...PETITIONER
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
R/BY SPP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT. DHARWAD.
2. SMT. VIJAYA D/O. NINGAYYA HIREMATH
Digitally signed by B
K AGE. 48 YEARS, OCC. ADVOCATE,
MAHENDRAKUMAR
BK Location: HIGH R/O. AMMINGAD, TQ. HUNGUND,
COURT OF
MAHENDRAKUMAR
KARNATAKA
DHARWAD BENCH
DIST. BAGALKOT
Date: 2025.01.30
11:52:47 +0530
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. K.L.PATIL AND SRI. S.A.SONDUR, ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE COMPLAINT IN PC NO. 93/2020 AND
ORDER DATED 17.02.2022 AND REGISTRATION OF CRIME IN CC
NO.77/2022 AND ALL FURTHER PROCEEDINGS IN CC NO.77/2022
ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, AT
HUNGUND, AGAINST THE PETITIONER/ACCUSED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 499, 500, 504, 506 OF
IPC AND SECTION 66A OF THE IT ACT.
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NC: 2025:KHC-D:1581
CRL.P No. 100899 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The cognizance of the offences punishable under Sections 499, 500, 504, and 506 of the Indian Penal Code (IPC) and Section 66A of the Information Technology Act, 2000, is challenged in this petition.
2. The allegation against the petitioner is that he shared a message on Facebook stating that respondent No.2 and his wife had lost their case and questioned how they could win cases for others. In response to a query from one of the petitioner's friends asking about the identity of the advocate, the petitioner allegedly replied, "third-rated bro and Bhabhi."
3. The petitioner, who is present before the Court, has filed an affidavit stating that he had no intention of causing disrepute to his brother and sister-in-law. He has also orally apologized for the remark, asserting that the derogatory statement was neither intentional nor willful. The petitioner and the complainant are brothers, and with the aim of putting an end to the dispute, the continuation of criminal proceedings against the petitioner is unwarranted.
4. In light of the petitioner's apology and the nature of the familial relationship, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.
-3- NC: 2025:KHC-D:1581 CRL.P No. 100899 of 2022 ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.77/2022 pending
on the file of the learned Addl. Civil Judge and JMFC, Hungund, is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 50