Karnataka HC Quashes FIR Against Five Men Accused Of Abducting Passenger After Bus Incident, Calling Complaint An Afterthought

Respondent No. 2 alleged that, while travelling on a KSRTC bus, he fell asleep and leaned on the shoulder of a girl passenger.

He further alleged that five men abducted him near Jalsoor bus stand, assaulted him, and threatened him.

Sullia Police registered Crime No. 113/2024 against the petitioners under Sections 189(2), 191(2), 127(2), 137(2), 115(2), 109, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023.

The petitioners sought to quash the FIR and consequential proceedings, alleging that the complaint was fabricated and an abuse of process.

The State opposed the petition; respondent No. 2, though served, did not appear.

The petition invoked Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure, under which the Court was asked to quash the FIR and consequential proceedings.

The FIR alleged offences under Sections 189(2), 191(2), 127(2), 137(2), 115(2), 109, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023.

The Court applied the principle that criminal proceedings may be quashed where their continuation would amount to an abuse of the process of law.

The Court considered the complaint’s account doubtful in light of the circumstances it identified: the bus number was not given; the complaint did not explain why respondent No. 2, a Kasargod resident, got off at Jalsoor; he allegedly received first aid in Sullia but did not immediately approach the nearby police station; and the Court noted the absence of serious injuries.

It also considered it doubtful how respondent No. 2, said to be a stranger to the petitioners, could provide their names and detailed personal particulars while receiving treatment in Kasargod.

Considering these matters cumulatively, the Court accepted the petitioners’ contention that the complaint gave a different colour to the incident and concluded that continuing the prosecution would be an abuse of process.