- 1 - NC: 2025:KHC:714 CRL.P No. 4081 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4081 OF 2024 BETWEEN: MOHAMMED ZAHEER, S/O ABDUL AHAD, AGED ABOUT 72 YEARS, R/A 121, 10TH MAIN, SECTOR 6, HSR LAYOUT, BEHIND BDA COMPLEX, BANGALORE-560 102. …PETITIONER (BY SRI H.S CHANDRA MOULI, SENIOR COUNSEL FOR SRI PRATEEK CHANDRAMOULI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE POLICE OF HALASURU GATE P.S, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001. 2. SRINIVAS V, S/O LATE VENKATESH, AGED ABOUT 58 YEARS, OCC: BUSINESSMAN, R/AT NO. 75, 2ND FLOOR, 8TH CROSS, BEHIND MANJANATH HOSPITAL, WILSON GARDEN, BENGALURU - 560027. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SRI NAYEEM PASHA.S, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.PC., 1973 TO QUASH THE FIR IN CR.NO.64/2024 REGISTERED BY THE RESPONDENT NO.1 HALASURGATE P.S. ON 04.04.2024 FOR THE ALLEGED OFFENCES P/U/S 307,323,506,341,504 & 149 OF IPC 1860, PENDING ON THE FILE OF THE VITH ADDL.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:714 CRL.P No. 4081 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing of the impugned FIR in Crime No.64/2024 dated 04.04.2024 registered by the 1st respondent against the petitioner for the alleged offences under Section 307, 323, 506, 341, 504 and 149 IPC and for other reliefs. 2. Heard learned Senior Counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that on 22.03.2024, Mrs. Chandini daughter of 2nd respondent – complainant instituted a suit against the petitioner (defendant No.13) and others including her father (defendant No.1) for declaration, partition and other reliefs and the said suit which is contested by the petitioner is pending adjudication before the competent Civil Court. Subsequently, one Ranjit Khanvi, who is an employee of the petitioner lodged a complaint against respondent No.2 and others which has been registered as FIR in Crime No.156/2024 dated 16.03.2024 in relation to the same properties which were subject matter of O.S.No.1427/2024 supra. - 3 - NC: 2025:KHC:714 CRL.P No. 4081 of 2024 Subsequently, the respondent No.2 filed the instant complaint dated 04.04.2024, which was registered as FIR in Crime No.64/2024, which is assailed in the present petition. 4. A perusal of the averments made in the complaint will indicate that necessary ingredients constituting the aforesaid offences are not contained in the complaint and FIR even if their averments are taken at face value especially when there is no corroborative material to substantiate the allegations. Further, the medical records and other documents would also not satisfy the requirements of the petitioner having committed the aforesaid alleged offences. It is also significant to note that in the light of the pendency of a civil suit in O.S.No.1427/2024 between the parties in relation to the same immovable property narrated in the complaint coupled with the fact that a complaint in Crime No.156/2024 had already been lodged against 2nd respondent – complainant on 16.03.2024 by the employee of the petitioner, I am of the view that the impugned complaint lodged by the 2nd respondent is a counter blast and has been filed with an intention of giving an essentially, overwhelmingly and predominantly civil dispute a criminal colour / - 4 - NC: 2025:KHC:714 CRL.P No. 4081 of 2024 flavour, which is impermissible in law warranting interference by this Court in the present petition. 5. In the result, I pass the following: ORDER (i) The petition is allowed (ii) The impugned criminal proceedings in Crime No.64/2024 registered by respondent No.1-Police, pending on the file of the VI Additional CMM, Bengaluru, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn*/SV List No.: 1 Sl No.: 30