- 1 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.2224 OF 2024 BETWEEN: 1. SRI. BANDAIAH @ BANDIGOWDA S/O LATE NINGAIAH, AGED ABOUT 78 YEARS. 2. SRI. SHIVALINGAIAH S/O BANDAIAH, AGED ABOUT 48 YEARS. 3. SMT. GOWRAMMA W/O BANDAIAH @ BANDIGOWDA, AGED ABOUT 65 YEARS. 4. SRI. SHAMBUVAIAH S/O LATE NINGAIAH, AGED ABOUT 68 YEARS. 5. SRI. CHANDRAIAH S/O SHAMBUVAIAH, AGED ABOUT 40 YEARS, 6. SRI. SHARATH S/O SHIVARAMAIAH, AGED ABOUT 38 YEARS. 7. SRI. SRINIVASA S/O SHIVARAMAIAH, AGED ABOUT 32 YEARS. 8. SMT. DIVYA W/O SHARATH, AGED ABOUT 29 YEARS. 9. SMT. PADMA W/O CHANDRAIAH, AGED ABOUT 32 YEARS. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 10. SMT. JAYAMMA W/O JAYARAMAIAH, AGED ABOUT 66 YEARS. 11. SRI. SHIVARAMAIAH S/O LATE NINGAIAH, AGED ABOUT 64 YEARS. 12. SRI. NINGAIAH S/O LATE NINGAIAH, AGED ABOUT 60 YEARS. ALL ARE RESIDING AT: BANDIGOWDANAPALYA VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRIT - 572 123. …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION, TUMAKURU DISTRICT, REPRESENTED BY THE S.P.P., GOVERNMENT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. NINGAIAH S/O LATE NANJUNDAIAH, AGED ABOUT 86 YEARS, R/AT BANDIGOWDANAPALYA VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 123. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1; RESPONDENT NO.2 - SERVED BUT UNREPRESENTED) - 3 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.3054/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KUNIGAL AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 323, 447, 427, 504, 506 AND 149 OF THE INDIAN PENAL CODE IN CRIME NO.201/2022 BY THE HULIYURDURGA POLICE STATION, TUMAKURU AS PER ANNEXURE-A. 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, petitioners seek following relief: "a) Call for the records in C.C.No.3054/2023 on the file of Senior Civil Judge and JMFC., Kunigal. b) To quash the Criminal Proceedings in C.C.No.3054/2023 on the file of Senior Civil Judge and JMFC., Kunigal against the petitioners for the offences punishable under Section 143, 323, 447, 427, 504, 506 and 149 of the Indian Penal Code in Crime No.0201/2022 by the Huliyurdurga Police as per Annexure-'A' by allowing the above petition, in the interest of justice. c) To pass any other order as this Hon'ble Curt deems fit." 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent No.1 and perused the material on record. - 4 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 3. Respondent No.2-defacto complainant having been served with the notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that the respondent No.2 filed the instant complaint against the petitioners for alleged offences under Sections 143, 323, 447, 427, 504 and 506 read with Section 149 of the Criminal Procedure Code. Prior to the respondent No.2 filling the instant complaint, some of the petitioners have already approached the Assistant Commissioner, Tumakuru under Section 136(2) of the Karnataka Land Revenue Act in relation to a property dispute between the petitioners and the respondent No.2, and the Assistant Commissioner, Tumakuru has passed interim order of stay dated 14th July, 2021 in favour of some of the petitioners. Further, the petitioners had also filed a civil suit in Original Suit No.179/2021 against the respondent No.2- complainant for declaration and permanent injunction, which is pending on the file of the Senior Civil Judge and JMFC., Kunigal. It is a matter of record and undisputed fact that, though the Trial Court declined to grant an order of temporary injunction in favour of - 5 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 the petitioners, the appellate Court in M.A. No.21/2023 had passed an order of status quo. 5. The aforesaid facts and circumstances clearly establish that the dispute between the petitioners and respondent No.2 is essentially, predominantly and overwhelmingly of a civil nature/character which is sought to be given criminal colour, which is impermissible in law as held by the Apex Court and this Court in various judgments including the recent judgment of the Apex Court in the case of NARESH KUMAR AND ANOTHER vs. THE STATE OF KARNATAKA AND ANOTHER reported in (2024)3 SCR 740. 6. Under these circumstances, having regard to the fact that the dispute between the petitioners and the respondent No.2 before the Revenue Authorities culminated in an order in favour of the petitioners against the respondent No.2 and the property dispute is pending between the parties before the competent Civil Court, in which there is an order of status quo, I am of the considered opinion that the continuation of impugned criminal proceedings against the petitioners would amount to abuse of process of law warranting interference by this Court in the present petition. - 6 - NC: 2025:KHC:3171 CRL.P NO.2224 OF 2024 7. In the result, I pass the following. O R D E R 1) Criminal Petition is allowed; 2) The Criminal Proceedings in C.C. No.3054/2023 pending on the file of the Senior Civil Judge and JMFC., Kunigal arising out of Crime No.201/2022 registered by the Huliyurdurga Police Station, Tumakuru District qua the petitioners for the offences punishable under Sections 143, 323, 447, 427, 504 and 506 read with Section 149 of the Indian Penal Code are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 31