Sri. Bharath J vs The State Of Karnataka & Anr.

Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2.

The prayer is sought in this petition to quash entire proceedings in PCR No.55754/2017 referring the matter under Section 156(3) of Cr.P.C. dated 19.08.2017 for the offence punishable under Sections 420, 504 and 506 IPC.

Based on the private complaint filed by the respondent No.2-complainant invoking Section 200 of Cr.P.C., the respondent No.1 invoked the offence under Sections 420, 506 and 504 IPC and along with the complaint, affidavit is also filed. But, there is no compliance of Sections 154(1) and 154(3) of Cr.P.C. and having perused the complaint, no such averment is made.

Learned counsel for the petitioner also reiterates the contents of complaint, particularly paragraph Nos.12 and 13 and learned counsel for respondent No.2-complainant also not disputes the same. Even in the affidavit also, not stated anything as to compliance of Sections 154(1) and 154(3).

In view of judgment of the Apex Court in PRIYANKA SRIVASTAVA AND ANOTHER vs. STATE OF UTTAR PRADESH AND OTHERS reported in (2015) 6 SCC 287, wherein the Apex Court held that while filing a private complaint and invoking the jurisdiction under Section 156(3) of Cr.P.C., it should be supported by an affidavit and there must be compliance under Sections 154(1) and 154(3) and when the complainant filed the complaint and the police failed to register the case and refused to entertain the same, the complainant ought to have approached the Superior Officer and there is no such averment and to that effect, no document is also placed along with the complaint. Under the circumstances, there cannot be any criminal prosecution against the petitioner. Hence, it is a fit case to exercise the power under Section 482 of Cr.P.C.

In view of the discussion made above, I pass the following: