Karnataka High Court Quashes FIR Against Lawyer Accused Of Throwing Water Bottle At Law Intern

A single judge bench of Justice K Natarajan allowed the petition filed by Advocate Vasanth Adithya. J and quashed the case registered for offences punishable under Sections 324, 341, 354, 506 and 509 and under IPC 67 IT Act. Earlier, in April the bench had refused to quash the case against the accused, observing that investigation was still under progress.

However, the lawyer and the final year law student compromised the matter during the pendency of the case. She also withdrew the case against him before the Bar Council of Karnataka.

It was earlier alleged by the complainant that she was working with Kreetam Law Associates as an intern. When she requested for a law intern certificate from the lawyer, there was a small altercation and exchange of few words. She had also alleged that he threw a water bottle on her and as a result she sustained injury on the right side of her chest. The lawyer was also accused of throwing away the mobile phone of the complainant and sending "obnoxious and objectionable messages" to her. 

Following the compromise, the lawyer handed over the internship certificate to the law student in the open court on November 3. During the hearing, she also told the court that she has no objection to settlement of the matter. 

Referring to Gian Singh Vs. State of Punjab and another wherein it was held that the High Court must refrain from quashing criminal proceedings, if the offence involved is a heinous and serious offence or when public interest is involved, and quash the proceedings if the offence is merely a civil matter, offences arising from commercial transactions, where the wrong is personal in nature and the parties have resolved their dispute, the court said:

"In view of the above, the High Court has to exercise its inherent powers in the prevailing circumstances and pass appropriate orders to secure the ends of justice or to prevent the abuse of the process of law."

Allowing the petition, the court quashed the FIR registered by Halasuru Police.

Case Title: VASANTH ADITHYA. J v. STATE BY KARNATAKA

Case No: CRIMINAL PETITION No.9854 OF 2022.

Citation: 2022 LiveLaw (Kar) 452

Date of Order: 3^rd DAY OF NOVEMBER, 2022

Appearance: VASANTH ADITHYA.J., PARTY-IN-PERSON

R D RENUKARADHYA, HCGP FOR R1.

D V SENTHIL KUMAR , ADVOCATE FOR R2

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