- 1 - NC: 2025:KHC:11923 CRL.P No. 1348 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1348 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. NAGARAJ S.M S/O. LATE. MUNIYAPPA AGED ABOUT 39 YEARS R/AT NO.126, 1ST MAIN SINGAPURA VILLAGE VIDYARANYAPURA POST BANGALORE- 560097. …PETITIONER (BY SRI. R.S.RAVI, SENIOR ADVOCATE FOR SRI. CHANDRAPPA V.,ADVOCATE) AND: 1. SMT. INDULEKHA W/O P.G JATHEESHKUMAR, AFGED ABOUT 48 YEARS R/AT NO.113, DHANUSHA ENCLAVE, CHIKKABETTAHALLI, VIDYARANYAPURA, BANGALORE CITY-560 097 KARNATAKA. 2. STATE OF KARNTAKA BY VIDYARANYAPURA POLICE STATION REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R2, R1 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:11923 CRL.P No. 1348 of 2022 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE IN CR.NO.6/2021 WHICH IS REGISTERED IN C.C.NO.13839/2021 FOR THE OFFENCE P/U/S.471,341,504,506 R/W SEC.34 OF IPC DATED 29.06.2021 AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in CC.No.13839/2021, pending on the file of the Court of VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.6/2021 of Vidyaranyapura Police Station. 2. FIR is registered for offences punishable under Section 447, 341, 504, 506 read with Section 34 of IPC. 3. Heard the learned senior counsel appearing for petitioner and learned High Court Government Pleader for the State. - 3 - NC: 2025:KHC:11923 CRL.P No. 1348 of 2022 4. Respondent No.1/de-facto complainant is served but unrepresented. 5. It is the case of prosecution that, site bearing No.131, khata No.523/45 of Singapura Village was purchased by the complaint from one V.Venkatesh through GPA Holder by name K.V.Naidu. The revenue documents exists in favour of the complainant and she was in possession of the said site. It is alleged that on 17.01.2021, when the complainant came to the said site, at about 1.00 p.m., accused Nos.1 and 2 trespassed into her property, abused her in filthy language and threatened with dire consequences etc. 6. The learned senior counsel contended that petitioner's family members are the owners and in possession of land bearing Sy.No.45 measuring 1 acre 28 guntas situated at Singapura Village. They filed OS.No.6526/2011 for partition and separate possession and the said suit is still pending for consideration. He contended that, prior to lodging of the present complaint, - 4 - NC: 2025:KHC:11923 CRL.P No. 1348 of 2022 respondent No.1/complainant filed a suit in OS.No.4820/2017 in respect of the property in question, seeking relief of permanent injunction against the petitioner, there was no interim injunction granted in the said suit and subsequently vide judgment dated 07.04.2022, the said suit was dismissed by the Civil Court. 7. A copy of the judgment dated 07.04.2022 passed in OS.No.4820/2017 is furnished. The subject matter of the suit is Site bearing No.131 formed in Sy.No.45 of Singapura village, Yelahanka Hobli, Bangalore North Taluk. 8. From the averments in the complaint and charge sheet material, it cannot be said that these petitioners have trespassed into the property and committed the offence as alleged by respondent No.2/complainant. The matter is purely civil in nature. Respondent No.2 has to work out his remedy before the Civil Court. The proceedings initiated against the petitioner - 5 - NC: 2025:KHC:11923 CRL.P No. 1348 of 2022 is nothing but an abuse of process of law. Hence, the following: ORDER i. Petition is allowed. ii. The entire proceedings in CC.No.13839/2021 pending on the file of VIII Additional Chief Metropolitan Magistrate, arising out of Crime No.6/2021 of Vidyaranyapura Police Station, Bangalore City, as against the petitioner is quashed. iii. It is made clear that rights of the parties in respect of the property in question has to be decided by the Civil Court. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 16