- 1 - NC: 2025:KHC:10081 CRL.P No. 8102 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8102 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. SHILPA ASHOK, W/O SRI. R. ASHOK KUMAR, AGED ABOUT 39 YEARS. 2. ASHOK, S/O RANGAPPA, AGED ABOUT 40 YEARS. BOTH ARE R/AT NO. 19, 2ND MAIN ROAD, SANJEEVANAGARA, MUDLAPALYA, BANGALORE - 560 072. …PETITIONERS (BY SRI. M. SHIVAPRAKASH, ADVOCATE) AND: 1. STATE BY JNANABHARATHI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. SRI. PUTTANNA, S/O PUTTANNAIAH, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10081 CRL.P No. 8102 of 2023 AGED ABOUT 57 YEARS, R/AT NO.58, 5TH CROSS, 3RD MAIN ROAD, BASAWESHWARA LAYOUT, VIJAYANAGARA, BANGALORE - 560 040. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. SATISH V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4707/2023 FOR THE OFFENCE P/U/S 427, 447 OF IPC PENDING ON THE FILE OF IX ADDL.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The entire proceeding in CC.No.4707/2023 pending against the petitioners on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Section 427 and 447 of IPC is sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. In the complaint, respondent No.2 has alleged that on 18.05.2022 at about 11.00 a.m., both the - 3 - NC: 2025:KHC:10081 CRL.P No. 8102 of 2023 petitioners have illegally trespassed into his property and attempted to put up a compound wall. 3. Complainant claims to be the owner of property bearing Sy.No.58/105/179/99/1,2,3,4,5/2 measuring about 7012 Sq.feet, said to have been purchased by him under an auction conducted by the Janatha Seva Co-operative Bank Limited on 28.01.2022. Petitioner No.1 herein is said to have filed a suit in OS.No.2795/2022 before the Court of Principal City Civil and Sessions Judge, Bengaluru on 26.03.2022, seeking permanent injunction and also by way of amendment, for declaration in respect of Site.No.752/E. In the said suit initially, interim injunction was granted restraining the defendants therein from interfering with the peaceful possession of the plaintiffs' property, but the order was vacated, which was challenged by petitioner No.1, before this Court in MFA.No.6578/2022 wherein, this Court vide order dated 20.06.2023 has ordered the parties to maintain status quo - 4 - NC: 2025:KHC:10081 CRL.P No. 8102 of 2023 in respect of disputed site measuring to an extent of 40x9 feet. 4. It is contended by the learned counsel appearing for respondent No.2 that the property where the petitioners' have encroached and tried to put up a compound wall is part of the property belonging to the complainant and therefore, the ingredients of the offences alleged are made out. 5. The allegations are that on 18.05.2022 at about 11.00 a.m., these petitioners' have encroached the property in question and tried to put up a compound wall. It is not disputed that pertaining to the property in question there is a suit pending before the Trial Court and this Court in MFA.No.6578/2022 has directed the parties to maintain status quo. When the rights of the parties are yet to be decided in respect of the property in question where the alleged trespass has taken place, it cannot be said that the ingredients of the offences under Section 427 and 447 of IPC are made out. The parties are at liberty to - 5 - NC: 2025:KHC:10081 CRL.P No. 8102 of 2023 establish their right before the Civil Court. Hence, the criminal proceedings initiated against the petitioner is nothing but an abuse of process of the Court. Hence, the following: ORDER i. Petition is allowed. ii. The entire proceedings against the petitioners, in CC.No.4707/2023 pending on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Section 427 and 447 of IPC are quashed. iii. It is made clear that quashing of the proceedings shall not affect the rights of the parties to be decided by the Civil Court. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 27 CT: BHK