- 1 - NC: 2025:KHC:9407 CRL.P No. 5822 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5822 OF 2024 BETWEEN: 1. SMT. BEENA W/O SUDEER, AGED ABOUT 50 YEARS, 2. SRI SUDHEER G S/O GUNDANNA AGED ABOUT 47 YEARS, BOTH ARE R/AT NO.16, 1ST FLOOR, JAMIYA MASJID ROAD, DENA BANK COLONY, GANGANAGARA, BANGALORE - 560032. …PETITIONERS (BY SMT. RADHIKA M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SAMPIGEHALLI POLICE, BANGALORE-560 077. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SRI SYED BASHIR S/O SYED IBRAHIM, AGED ABOUT 49 YEARS, R/AT NO.301, 1ST CROSS, P AND T LAYOUT, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9407 CRL.P No. 5822 of 2024 RACHENNAHALLI, SRK NAGAR POST, BANGALORE - 560 077. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R-1; SRI. DAKSHATH N.S., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S. 482 CR.PC. PRAYING TO QUAH THE PROCEEDINGS IN C.C.NO.29066/2023 IN CR.NO.267/2023 ON THE FILE OF THE LEAREND 41ST ADDL.C.M.M COURT BENGALURU FOR THE OFFENCE P/U/S 447, 506 R/W 34 OF IPC OF SAMPIGEHALLI POLICE BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused Nos. 1 and 2 who have been charge sheeted for the offences punishable under sections 447, 506 r/w 34 of IPC are before this Court seeking relief. 2. The prosecution alleges that, the complainant claims to be the owner of the subject property having purchased the same through a registered sale deed from one Shri Munne Gowda and that Shri Munne Gowda had instituted a suit against accused No.3, and the said suit was decreed declaring that Shri Munne Gowda was the absolute owner of the subject property. Given the circumstances, all the accused criminally trespassed into the subject property on 15.7.2023 and threatened the tenant to vacate the subject premises. - 3 - NC: 2025:KHC:9407 CRL.P No. 5822 of 2024 3. Heard the learned counsel for the petitioners- accused No.1 and 2 and learned High Court Government Pleader, so also the learned counsel for the respondent. 4. The petitioners-accused Nos.1 and 2 claims to have purchased the subject property vide registered sale deed dated 12.7.2023 executed by accused No.3. Accused No.3 claims to have purchased the subject property through a registered sale deed dated 28.11.1997. The defacto-complainant-respondent No.2 claims to have purchased the subject property on 1.7.2010. It is also undisputed that the defacto-complainant has filed a suit for declaration and permanent injunction against the accused in O.S.No.3465/2024. The said suit is pending consideration. Therefore, the dispute between the parties are purely civil in nature, since the accused has disputed title of defacto-complainant in relation to the subject property. 5. The criminal court cannot go into the question as to whom the subject property belongs to, and it is for the jurisdictional civil Court in the pending suit filed by the defacto-complainant-respondent No.2 to adjudicate the same. The incident had taken place on 5.7.2023 and the FIR was lodged on 30.07.2023 without offering plausible explanation for delay in lodging the complaint. In such circumstances, the continuation of the criminal - 4 - NC: 2025:KHC:9407 CRL.P No. 5822 of 2024 proceedings against the petitioners will be an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.29066/2023 pending on the file of the 7th ACMM Court, Bangalore, insofar it relates to the petitioners-accused Nos.1 and 2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 106