- 1 - NC: 2025:KHC:15448 CRL.P No. 5415 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5415 OF 2024 BETWEEN: 1. RADHAMMA @ RADHA, AGED 51 YEARS, W/O RAMANJANAPPA, NO.215, 4TH B CROSS, MUNIESHWARA TEMPLE ROAD JAKKUR, BANGALORE NORTH, BANGALORE - 560 064. 2. J.R. RAMANJANAPPA AGED 59 YEARS, NO.215, 4TH B CROSS, MUNIESHWARA TEMPLE ROAD JAKKUR, BANGALORE NORTH, BANGALORE - 560 064. 3. NITHIN GOWDA J R AGED 30 YEARS, NO.215, 4TH B CROSS, MUNIESHWARA TEMPLE ROAD JAKKUR, BANGALORE NORTH, BANGALORE - 560 064. …PETITIONERS (BY SRI. ANISH JOSE ANTONY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, AMRUTHALLI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. KANTHAMMA, W/O NAGARAJU, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15448 CRL.P No. 5415 of 2024 AGED ABOUT 62 YEARS, JAKKUR VILLAGE, YELAHANKA HOBLI, BENGALURU - 560 064. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. SURESH S. LOKRE, SR. ADVOCATE FOR SRI. SHRAVAN S. LOKRE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AS CR.NO.153/2024 BY THE 1ST RESPONDENT AMRUTHAHALLI POLICE STATION FOR THE OFFENCE P/U/S 447, 504, 506 R/W 34 OF IPC PENDING ON THE FILE OF XLI ADDL.C.M.M., BENGALURU AND ALL OTHER SUBSEQUENT PROCEEDINGS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Heard the learned counsel for the petitioner, Sri Lokre, learned Senior Counsel appearing for respondent No.2, and the learned High Court Government Pleader (HCGP) for the respondent–State. 2. The petitioners are before this Court challenging the registration of the First Information Report (FIR) for the offences punishable under Sections 447, 504, and 506 read with Section 34 of the Indian Penal Code (IPC). 3. As per the allegations made in the impugned FIR, respondent No.2 has alleged that the petitioners criminally - 3 - NC: 2025:KHC:15448 CRL.P No. 5415 of 2024 trespassed into the subject property, abused the complainant using vulgar language, and threatened him with dire consequences. 4. However, it is an admitted fact that respondent No.2 had executed a registered sale deed dated 18.03.2023 conveying the subject property in favour of a third party. Consequently, respondent No.2 is no longer in possession of the said property as on the date of the alleged incident. In such circumstances, the foundational ingredients necessary to constitute an offence under Section 447 of IPC—namely, unlawful entry into another’s property with intent to commit an offence or to intimidate, insult or annoy the person in possession—are clearly absent. 5. Moreover, the dispute between the parties appears to be predominantly civil in nature arising out of rights and possession in respect of immovable property, but has been given a criminal color by lodging the present complaint. It is well settled that when a purely civil dispute is sought to be given a criminal contour without the essential ingredients of the alleged offences being made out, allowing the criminal proceedings to continue would result in a miscarriage of justice and would amount to an abuse of the process of law. - 4 - NC: 2025:KHC:15448 CRL.P No. 5415 of 2024 ORDER i. Accordingly, petition is allowed. ii. The impugned FIR in Crime No.153/2024 registered by Amruthahalli police station is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 22 CT: BHK