- 1 - NC: 2025:KHC:5131 CRL.P No. 3991 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3991 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: RATISH KUMAR V. K., S/O M.B.KRISHNAPPA, AGED ABOUT 38 YEARS R/AT NO. 28/2, 1ST FLOOR, K. NARAYANAPURA MAIN ROAD, KOTHANUR VILLAGE, BANGALORE 560 077 …PETITIONER (BY SRI. MANJUNATH B. R., ADVOCATE) AND: 1. STATE OF KARNATAKA KOTHANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001 2. SYED IMTIAZ AHMED, S/O LATE SYED MAHMOOD SAB, AGED ABOUT 66 YEARS, PROPRIETOR, M/S SUI ENTERPRISES, R/A NO. 70, 17TH ‘C’ MAIN, 11TH CROSS, SECTOR 4, HSR LAYOUT, BANGALORE 560 102 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.53/2024 REGISTERED FOR THE OFFENCE PUNISHABLE U/S 447, 427, 506, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5131 CRL.P No. 3991 of 2024 290 OF IPC OF KOTHANUR POLICE STATION AND CONSEQUENTLY QUASH THE PROCEEDINGS IN PCR NO.51032/2024 PENDING ON THE FILE OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE, MAYO HALL AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, the petitioners above named most respectfully pray that this Hon’ble Court may be pleased to quash the FIR in Cr.No.53/2024 registered for the offences punishable U/s. 447, 427, 506, 290 of IPC of Kothanur Police Station and consequently quash the proceedings in PCR No.51032./2024 pending on the file of XI Addl. Chief Judicial Magistrate, Mayo Hall at Bangalore and pass such any other relief/s as deems fit in the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is the landlord of the subject premises, in relation to which the deceased respondent No.2 was his tenant. The petitioner having issued legal notice dated 06.11.2023 to the respondent terminating his tenancy and calling upon him to quit and deliver - 3 - NC: 2025:KHC:5131 CRL.P No. 3991 of 2024 vacant possession of the subject premises, respondent No.2 appears to have given the impugned complaint by way of a counter blast and in order to thwart/scuttle eviction proceedings to be initiated by the petitioner against him. It is an undisputed fact as borne out from the material on record that respondent No.2, before his demise has already handed over vacant possession of the subject premises to the petitioner, who is in actual and physical possession and enjoyment of the subject premises as on today as is clear from the photographs and other material on record. 4. Under these circumstances and in the peculiar/special facts and circumstances obtaining in the instant case, in particular the undisputed fact that prior to his demise, respondent No.2 had vacated and handed over vacant possession of the subject premises to the petitioner, who is now in actual and physical possession and enjoyment of the subject premises, which is owned and possessed by him, I am of the view that no useful purpose would be served in continuing the present proceedings and in order to secure justice, the impugned proceedings deserves to be quashed. 5. In the result, I pass the following: - 4 - NC: 2025:KHC:5131 CRL.P No. 3991 of 2024 ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Crime No.35/2024 registered by respondent No.1-Police and the PCR No.51032/2024 pending on the file of the XI Addl. Chief Judicial Magistrate, Mayo Hall, Bengaluru, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 64