- 1 - HC-KAR NC: 2025:KHC:24968 CRL.P No. 1476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1476 OF 2024 BETWEEN: MR. AMEER HASSAN, S/O BAVA, AGED ABOUT 32 YEARS, R/AT 1-123/1, KALPANE HOUSE, PUCCHAMOGARU VILLAGE, MOODABIDRE, D.K. DISTRICT - 574 237. …PETITIONER (BY SRI. M.R. BALAKRISHNA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MOODABIDRI P.S., REPRSETNED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. MUHAMMAD ZAMEER, S/O BASHEER AGED ABOUT 29 YEARS, R/AT 5-46B, ARAMANE ROAD, NEAR VENKATARAMANA TEMPLE, MARPADY VILLAGE, MOODABIDRI, D.K. DISTRICT - 574 227. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24968 CRL.P No. 1476 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.201/2023 DATED 13.12.2023 PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., MOODABIDRI FOR THE ALLEGED OFFENCE P/U/S 417, 465, 420 R/W 34 OF IPC REGISTERED BY THE RESPONDENT NO.1/MOODABIDRI P.S. BASED ON THE PCR FILED BY THE RESPONDENT NO.2 AS AGAINST THE PETITIONER IS CONCERNED.N THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this Petition, Petitioner seeks the following: a) Call for the entire records in PCR No.37/2023 (Crime No.201/2023) pending on the file of Hon'ble Civil Judge and JMFC, Moodabidri for the alleged offences punishable under sections 417, 465, 420, 34 of IPC. b) Quash the FIR & Complaint in Crime No.201/2023, dated 13.12.2023 pending on the file of Hon'ble Civil Judge and JMFC, Moodabidri for the alleged offences punishable under sections 417, 465, 420, 34 of IPC registered by the Respondent No.1/Moodabidri PS based on the PCR filed by the Respondent No.2 as against the Petitioner is concerned. b) Pass such other relief/reliefs as this Hon'ble court deems fit in the facts and circumstance of the present case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:24968 CRL.P No. 1476 of 2024 2. Heard learned counsel for the Petitioner and learned HCGP for Respondent No.1 and perused the material on record. Respondent No.2 - de facto complainant though served with notice of this Petition, he has chosen to remain unrepresented and has not contested the Petition. 3. A perusal of the material on record will indicate that the Respondent No.2 de facto complainant filed the instant complaint against the Petitioner-Accused No.1 and Smt. Shamshad Banu-Accused No.2 which was registered as an FIR in Crime No. 201/2023 dated 13.12.2023 for offences p/u/s 417, 465, 420 r/w Section 34 of IPC. In this context, perusal of the private complaint which resulted in the matter being referred to for investigation and registered as the aforesaid FIR will indicate that the claim of Respondent No.2 and dispute between the parties is essentially, overwhelmingly and predominantly of a civil in nature arising out of a breach of a commercial contract between the Petitioner and Respondent No.2 and as such - 4 - HC-KAR NC: 2025:KHC:24968 CRL.P No. 1476 of 2024 since the impugned proceedings being essentially civil in nature are sought to be given a criminal colour/flavour/texture which is impermissible in the light of decisions rendered in LALIT CHATURVEDI & OTHERS v. STATE OF UTTAR PRADESH & ANOTHER, reported in 2024 SCC OnLine SC 171, NARESH KUMAR & ANOTHER v. THE STATE OF KARNATAKA reported in 2024 INSC 196 and K BHARATH DEVI v. STATE OF TELANGANA & ANOTHER, reported in 2024 INSC 750, I am of the opinion that the impugned proceedings qua the Petitioner would amount to abuse of process of law warranting interference of this Court in the present Petition. 4. Accordingly, I pass the following: ORDER 1) Petition is hereby allowed. ii) The impugned proceedings in Cr. No.201/2023 of Moodabidri Police Station registered for the offences - 5 - HC-KAR NC: 2025:KHC:24968 CRL.P No. 1476 of 2024 punishable u/s 417, 465, 420 r/w Section 34 of IPC of the which is pending on the file of Civil Judge and JMFC at Moodabidri, qua the Petitioner is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bsv List No.: 1 Sl No.: 3