- 1 - NC: 2025:KHC:16266 CRL.P No. 2024 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2024 OF 2024 BETWEEN: 1. NANJAPPA K, S/O LATE KARI MADAPPA, AGED ABOUT 62 YEARS, R/AT NO. 145, GEJJAGALLI, MANDKALI POST, KADAKOLA, MYSORE - 571 311, OCC: AGRICULTURIST. 2. PRATHAP N, S/O NANJAPPA, AGED ABOUT 30 YEARS, R/AT NO. 145, GEJJAGALLI, MANDKALI POST, KADAKOLA, MYSORE - 571 311, OCC: AGRICULTURIST. 3. MAHADEVAPPA S/O LATE KARIMADAPPA AGED ABOUT 66 YEARS, R/AT NO. 126, GEJJAGALLI, MANDKALI POST, KADAKOLA, MYSORE - 571 311, OCC: AGRICULTURIST. 4. SHASHIKUMAR S/O MAHADEVAPPA AGED ABOUT 33 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16266 CRL.P No. 2024 of 2024 R/AT NO. 126, GEJJAGALLI, MANDKALI POST, KADAKOLA, MYSORE - 571 311, OCC: AGRICULTURIST. 5. MALLAPPA S/O LATE MADAPPA AGED ABOUT 74 YEARS, R/AT 125/1, GEJJAGALLI, MANDKALI POST, KADAKOLA, MYSORE - 571 311, OCC: AGRICULTURIST. …PETITIONERS (BY SRI. RAJATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MYSORE SOUTH P.S. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SHANKARA S/O LATE BASAVARAJAPPA, AGED ABOUT 53 YEARS, NO. 285, 7TH CROSS, 8TH MAIN C BLOCK, J.P. NAGARA, MYSURU - 570 031. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. J.M. ANIL KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR ARISING OUT OF CR.NO.10/2024 DATED 11.01.2024 REGISTERED BY THE 1ST RESPONDENT MYSORE - 3 - NC: 2025:KHC:16266 CRL.P No. 2024 of 2024 SOUTH P.S. MYSORE PURSUANT TO THE COMPLAINT DATED 11.01.2024 FOR THE ALLEGED OFFENCE P/U/S 143, 147, 447, 427, 384 R/W 149 OF IPC PENDING BEFORE LD.XI ADDL.CIVIL JUDGE AND J.M.F.C COURT MYSURU DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused, who are facing trial for the offences punishable under Sections 143, 147, 447, 427, 384, and 149 of the Indian Penal Code, 1860, are before this Court seeking appropriate relief. 2. The prosecution alleges that the petitioners, by forming an unlawful assembly, criminally trespassed into the lands bearing Sy. Nos. 6/2, 6/3, and 6/4, totally measuring 1 acre and 35 guntas, situated at Kuppaluru Village, Kasaba Hobli, Mysore Taluk. The complainant claims to be the absolute owner of the said lands. 3. Heard the learned counsel for the petitioners and the learned counsel for respondent No.2. - 4 - NC: 2025:KHC:16266 CRL.P No. 2024 of 2024 4. Admittedly, the petitioners have filed a civil suit in O.S. No.284/2020 and respondent No.2 has instituted a suit in O.S. No.696/2023, both seeking declaration and permanent injunction in respect of the subject lands. The said suits are pending adjudication before the jurisdictional civil court, and it is not in dispute that no interim order is currently operating against either party in the said proceedings. 5. In this context, the FIR was registered against the petitioners on the allegation of criminal trespass. However, since the dispute pertaining to possession and title over the subject property is sub judice before a competent civil court, the continuation of criminal proceedings in the nature of criminal trespass would be legally untenable. It is well settled that the police cannot adjudicate upon civil disputes involving questions of title and possession. 6. In view of the above, permitting the investigation to continue under such circumstances would amount to an abuse of the process of law, particularly when the core issue is civil in nature and is already under judicial scrutiny in the pending suits. - 5 - NC: 2025:KHC:16266 CRL.P No. 2024 of 2024 7. Accordingly, I pass the following: ORDER i. The criminal petition is allowed. ii. The impugned FIR in Crime No.10/2024 registered by Mysore South police station, Mysore is hereby quashed. iii. Pending interlocutory applications does not survive for consideration. iv. Liberty is reserved to the parties to agitate their respective rights before the jurisdictional civil court in the said suits. v. All the contentions of the parties are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HDK List No.: 2 Sl No.: 65 CT: BHK