Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 21.10.2026
Karnataka High Court Quashes FIR and Charge Sheet Over Unsworn Section 156(3) CrPC Complaint
This Short Article has been prepared & written by Advocate G Sridharamurthy. The views expressed are based on his interpretation of the law. He can be reached at his email id sriadv3@gmail.com .
The Karnataka High Court has quashed an FIR and subsequent charge sheet against N.V. Babu Reddy, holding that the private complaint which triggered the criminal case suffered from a fundamental procedural defect: it was not supported by an affidavit.
Background of the case
The criminal petition arose from Crime No. 30/2020 of Mahalakshmipuram Police Station, Bengaluru. The FIR alleged offences under Sections 323, 324, 307 and 120B read with Section 511 of the Indian Penal Code, involving allegations of assault, threats and an alleged conspiracy.
According to the complainantβs version, a dispute initially developed over non-payment for work completed. The complainant stated that he had earlier approached police regarding the payment issue. He further alleged that, after being asked to meet near Geleyara Balaga in Mahalakshmi Layout on December 17, 2019, he and another person, Prabhakar, were surrounded by a group that abused and attempted to physically attack them. The complainant claimed they escaped after Prabhakar allegedly saw someone taking weapons from an autorickshaw.
The complaint also alleged continued threats to the complainant and his family. Police had received a later complaint and registered an NCR, but an acknowledgment reportedly described the dispute as civil in nature and advised the complainant to approach the court. The complainant then filed a private complaint before the Magistrate, who referred the matter for police investigation under Section 156(3) of the Code of Criminal Procedure.
Petitionerβs challenge
Babu Reddy sought to quash the proceedings under Section 482 of the CrPC. His principal argument was that the private complaint was not accompanied by an affidavit, contrary to the Supreme Courtβs ruling in Priyanka Srivastava v. State of Uttar Pradesh.
The petitioner also argued that the complaint was an abuse of criminal process in a dispute connected to money recovery. He referred to an earlier complaint that had already been quashed by the High Court.
The State opposed the petition on the basis that the police had investigated the matter and filed a charge sheet on May 15, 2020.
Courtβs reasoning
Justice H.P. Sandesh found that the absence of an affidavit was a fundamental defect. The Court noted that the Supreme Courtβs decision in Priyanka Srivastava, followed in later judgments, requires a private complaint seeking action under Section 156(3) CrPC to be supported by an affidavit.
The Court distinguished this issue from the petitionerβs separate objection about compliance with Sections 154(1) and 154(3) CrPC. Since police had received the complaint, issued an NCR and provided an acknowledgment, the Court held that there was no refusal by police requiring the complainant to first approach the Superintendent of Police.
However, that did not cure the lack of an affidavit. The Court held that an unsupported private complaint could not be entertained, and that no legal value could attach to the complaint or to the charge sheet that followed from it.
Outcome and legal significance
The High Court allowed the criminal petition and quashed both the proceedings in Crime No. 30/2020 and the charge sheet against the petitioner. The ruling underscores that the affidavit requirement for private complaints referred for investigation under Section 156(3) CrPC is not a technical formality. Where that requirement is missing, the very initiation of criminal proceedings may be invalid, even if investigation has progressed to the filing of a charge sheet.
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Source: Karnataka High Court
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