- 1 - NC: 2025:KHC:718 CRL.P No. 5249 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. 5249 OF 2024 BETWEEN: 1. SRI SIDDALINGAIAH A R, SON OF RAJANNA, AGED ABOUT 45 YEARS, R/AT ALKERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE - 572 126. 2. SRI NANJUNDASWAMI R, SON OF RAJANNA, AGED ABOUT 48 YEARS, R/AT ALKERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT PIN CODE - 572 126. 3. SRI KEMPANNA, SON OF HONNAIAH, AGED ABOUT 65 YEARS, R/AT ALKERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE - 572 126. 4. SRI LOKESH, SON OF SHIVANNA, AGED ABOUT 40 YEARS, R/AT ALKERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE - 572 126. …PETITIONERS (BY SRI PUNITH C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KUDUR POLICE STATION, TUMAKURU DISTRICT, REP. BY SPP GOVT. OF KARNATAKA, Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:718 CRL.P No. 5249 of 2024 HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI RANGANATHASWAMI, SON OF RANGASWAMAIAH, AGED ABOUT 39 YEARS, R/AT IYANDANAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, PIN CODE - 562120. MOBILE. 08105879858. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; R-2 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.3861/2023 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC MAGADI AGAINST THE PETITIONERS FOR THE OFFENCE P/US/ 323,324,341,504,506 AND 34 OF IPC IN CR.NO.69/2023 BY THE KUDUR POLICE AS PER ANNEXURE A TO D BY ALLOWING THE ABOVE PETITION ETC. 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 quashing of the impugned proceedings in CC No.3861/2023 pending on the file of I Additional Civil Judge and JMFC, Magadi, against them for the alleged offences punishable under Sections 323, 324, 341, 504 and 506 read with 34 of IPC arising out of Crime No.69/2023 by the Kudur Police. - 3 - NC: 2025:KHC:718 CRL.P No. 5249 of 2024 2. Heard learned counsel for the petitioners and learned Additional SPP for respondent No.1 and perused the material on record. 3. Respondent No.2, complainant having been served with notice of this petition has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record would indicate that aggrieved by the mutation of revenue records in the name of respondent No.2, petitioner No.2- Nanjundaswami filed an appeal in RA/KUN/1599/2022 against the family members of respondent No.2 before the Assistant Commissioner, Kunigal, under Section 136 (2) of Karnataka Land Revenue Act, in relation to subject land bearing Survey No.32/2 measuring 22 guntas of Alkere Village, Kunigal Taluk and there is an interim order of stay of the revenue entries in the said appeal. In addition there to, there is a civil suit in OS No.385/2023 pending between the parties in relation to the very same lands. Further petitioner No.3 also filed a complaint registered in FIR in Crime No.56/2023 on 03-03-2023 against respondent No. 2/complainant and others for the offences punishable under Sections 324, 504, 506 149 IPC. Subsequently, respondent No.2. complainant lodged the instant complaint - 4 - NC: 2025:KHC:718 CRL.P No. 5249 of 2024 registered in FIR No.69/2023 on 05-03-2023 pursuant to which, a chargesheet is filed and matter is pending in instant CC No.3861/2023 which is assailed in the present petition. 5. As stated supra, respondent No.2, complainant having been served with the notice of the present petition has chosen to remain unrepresented and has not contested the petition. 6. As could be seen from the aforesaid facts and circumstances and the material on record, the dispute between the petitioners and respondent No.2, complainant and others are essentially, overwhelmingly and predominantly of a civil character/nature pending before the Revenue Courts as well as before the competent Civil Court and in the light of the judgment of the Apex Court in the case of K. BHARATHI DEVI VS. STATE OF TELANGANA AND ANOTHER1 and in the case of NARESH KUMAR VS. STATE OF KARNATAKA2, a criminal colour being given to an essentially civil dispute is impermissible and continuation of the same would amount to abuse of process of Court/law warranting interference by this Court in the present petition. 7. In the result, pass the following: 1 2024 INSC 750 2 2024 3 SCR 740 - 5 - NC: 2025:KHC:718 CRL.P No. 5249 of 2024 ORDER (i) The petition is hereby allowed. (ii) Impugned proceedings in CC No.3861/2023 pending on the file of I Additional Civil Judge and JMFC, Magadi, qua the petitioners arising out of crime No.69/2023 by the Kudur Police is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn* List No.: 1 Sl No.: 33