Judgment : This criminal petition is filed under section 482 Cr.P.C praying to quash the fir with crime no.411/2011 on the file of the Indiranagar p.s., Bangalore alleging offences p/u/s 79-80 of the Karnataka police act produced at annexure – b. 1. This petition is filed seeking to quash the proceedings in Crime No.411/2011 of Indiranagar Police Station, Bangalore registered for the offence punishable under Sections 79 and 80 of the Karnataka Police Act. 2. It is the case of the complainant who is the ACP, Bangalore City that on 25.10.2011 the petitioner was playing poker games inside his house bearing No.552, first floor, 5th cross, 8th main, Indiranagar, Bangalore and when the police authority raided the said house it was found that the petitioner and others were playing the game called ‘Andar Bahar’. Ten persons who were found in the house were apprehended by the Police and certain articles including cash were seized from the said house based on which a case in crime No.411/2011 was registered. It is also stated that gold biscuits around 100 grams were also seized from the said house. The petitioners is the owner of the house. 3. I have heard Sri Ravi B. Naik, learned Senior Counsel for the petitioner and Sri Satish R Girji, learned High Court Government Pleader. 4. Learned counsel appearing for the petitioner submitted that the matter is covered by the rulings of this Court in CHICKARANGAPPA & ORS. Vs. STATE OF MYSORE ( 1971 (2) MYS.L.J. 187 ) which is reiterated in the rulings of this Court in the case of ERANNA 7 ORS v. STATE OF KARNATAKA ( 1977(1) Kar.L.J. 274 ). Relying on these decisions, he submits that playing ‘Andar Bahar’ is not a game of skill and is mere a game of chance and therefore, the offence punishable under Sections 79 and 80 of the Act are not attracted. Section 79 and 80 of the Act reads as follows: 79. Relying on these decisions, he submits that playing ‘Andar Bahar’ is not a game of skill and is mere a game of chance and therefore, the offence punishable under Sections 79 and 80 of the Act are not attracted. Section 79 and 80 of the Act reads as follows: 79. Keeping common gaming house, etc, - Any person who,- (a) Opens, keeps or uses any building, room, tent, enclosure, vehicle, vessel, or place for the purpose of a common gaming house; (b) being the owner or occupier of any such building, room, tent, enclosure, vehicle, vessel, or place knowingly or willfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid; (c) has the care or management of, or in any manner assists in conducting the business of, any such building, room, tent, enclosure, vehicle, vessel, or place opened, occupied, kept or used for the purpose aforesaid; or (d) advances or furnishes money for the purpose of gaming with persons frequenting any such building, room, tent, enclosure, vehicle, vessel, or place, shall, on conviction, be punished with imprisonment which may extend to one year and with fine. (a) For a first offence, such imprisonment shall not be les than three months and fine shall not be less than five hundred rupees; (b) For a second offence, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees; and (c) For a third or subsequent offence, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees Provided that,” 80. Gaming in common gaming-house, etc, Whoever is found in any common gaming-house gaming or present for the purpose of gaming shall, on conviction, be punished with imprisonment which may extend to one year and with fine Provided that,- (a) For a first offence such imprisonment shall not be less than one month and five shall not be less than two hundred rupees; (b) For a second offence such imprisonment shall not be less than three months and fine shall not be less than two hundred rupees; and (c) For a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees. 5. 5. The case of the prosecution is that the game was played inside the house bearing No.552, first floor, 5th cross, 8th main, Indiranagar, Bangalore and the said premises cannot be called as “Common gaming House.” The definition of “Common gaming house”, as defined under Section 2(3) of the Karnataka Police Act, is as follows: “Common gaming-house” means a building, room, tent, enclosure, vehicle, vessel or place in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place, or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether he has a right to use the same or not, such profit or gain being either by way of a charge for the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever or as subscription or other payment for the use of facilities along with the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place for purposes of gaming.” 6. It is seen that there is no complaint by anybody against the petitioner. Under the circumstances, the registration of the case by the police is sheer abuse of process of law and therefore the proceedings instituted by the Police is required to be quashed. Accordingly, the proceedings in Crime No.411/2011 is hereby quashed. It is needless to state that the property seized in the case requires to be returned to the person from whom the same has been seized and therefore it is directed that the Police shall return the property to the person from whom the same has been seized. Accordingly, the petition is allowed.