- 1 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7170 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 7020 OF 2023 IN CRL.P No. 7170/2023 BETWEEN: 1. P. RAVINDRA, S/O PUTTASWAMY, AGED ABOUT 41 YEARS, R/AT NO. 150, 6TH CROSS, 1ST MAIN ROAD, RANGANATHA COLONYM, MYSORE ROAD, BENGALURU-560026. 2. PUTTASWAMY S/O LATE MALLAIAH, AGED ABOUT 71 YEARS, R/AT NO. 150, 6TH CROSS, 1ST MAIN ROAD, RANGANATHA COLONYM, MYSORE ROAD, BENGALURU-560026. 3. SMT. KEMPAJEMMA W/O PUTTASWAMY, AGED ABOUT 53 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 R/AT NO. 150, 6TH CROSS, 1ST MAIN ROAD, RANGANATHA COLONYM, MYSORE ROAD, BENGALURU-560026 …PETITIONERS (BY SRI. PARASHURAM R HATTARAKIHAL.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYATARAYANAPURA P.S BENGALURU REP BY SPP HIGH COURT BLDGS, BENGALURU-560001. 2. SMT. R. VATSALA W/O LATE NARAYANASWAMY, AGED ABOUT 49 YEARS, R/AT NO. 272, 8TH CROSS, K.H.R. COLONY, OPP TO BHEL, MYSORE ROAD, BENGALURU-560026. …RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R1; SRI. K. NATARAJ., ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.18315/2018 AGAINST THE PETITIONERS INITIATED BY THE RESPONDENT NO.2 PENDING ON THE FILE OF THE 45TH A.C.M.M, C/C 31ST A.C.M.M, AT BENGALURU FOR THE OFFENCE P/U/S 341,323,354,355,504,506 R/W 34 OF IPC. IN CRL.P NO. 7020/2023 BETWEEN: 1. P. RAVINDRA - 3 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 S/O. PUTTASWAMY, AGED ABOUT 41 YEARS, R/AT NO. 150, 6TH CROSS,1ST MAIN ROAD, RANGANATHA COLONY, MYSORE ROAD, BENGALURU-560 026. ...PETITIONER (BY SRI. PARASHURAM R HATTARAKIHAL.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYATARAYANAPURA P.S., BENGALURU, REP. BY SPP, HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SMT. R. VATSALA W/O. LATE NARAYANASWAMY, AGED ABOUT 49 YEARS, R/AT NO. 272, 8TH CROSS, K. H. R. COLONY,OPP TO BHEL, MYSORE ROAD, BENGALURU-560 026. ...RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R1; SRI. K. NATARAJ., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.5273/2016 AGAINST THE PETITIONER INITIATED BY THE RESPONDENT NO.2 PENDING ON THE FILE OF THE III ADDL.C.M.M (EARLIER 45TH A.C.M.M,) AT BENGALURU FOR THE ALLEGED OFFENCE P/U/S 341,504,506 OF IPC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.1 to 4 in Crl.P.No.7170/2023 are seeking to quash the entire proceedings pending against them in C.C.No.18315/2018 on the file of the Court of 45th ACMM, at Bengaluru, registered for offences punishable under Section 341, 323, 354, 355, 504, 506 read with Section 34 of IPC. 2. Petitioner/accused No.1 in Crl.P.No.7020/2023 is seeking to quash the entire criminal proceedings in C.C.No.5273/2016 pending against him on the file of the III Additional CMM at Bengaluru registered for offences punishable under Section 341, 504, 506 of IPC. 3. In Crl.P.No.7020/2023, respondent No.2/complainant has alleged that on 10.02.2015 at about 10:15 p.m., when she called accused No.1 by name Sri. Ravi to enquire about the death of her dog which died due to an accident caused by the driver of vehicle bearing registration No.KA-13-A-5527, the said accused, namely, the owner of one Chandrakala Water Supply as well as other accused persons - 5 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 namely his family members abused her in filthy language and threatened her with dire consequence etc. 4. A complaint was lodged on the very same day i.e., on 10.02.2015 alleging that the driver of Water tanker bearing registration No. KA-13-A-5527 by driving the said vehicle in a rash and negligent manner, caused the accident, due to which, her dog sustained injuries. The said complaint in Crime No.14/2015 was registered at Byatarayanapura Police Station, under Section 279 of IPC against the driver of the tanker. 5. It is the case of complainant that at about 10:15 p.m., when she went to enquire about the said incident, accused No.1, namely the owner of the water tanker and his family members, namely accused Nos.2 to 5, wrongfully restrained her, abused in filthy language and threatened with dire consequence etc., 6. On the basis of the above complaint Crime No.61/2015 was registered against accused Nos.1 to 5 for offences punishable under Section 341, 504, 506 read with Section 34 of IPC at Byatarayanapura Police Station. On completion of investigation, police have filed charge sheet only against the petitioner. - 6 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 7. In Crl.P.No.7170/2023, respondent No.2/complainant has alleged that on 08.01.2018 at about 12:15 - 01:00 p.m., when she was in her house along with her husband, employees of BBMP were doing some road repair and loading mud into the tractor, at that time accused No.1 went and told them that they should dump mud in front of her house. When she and her husband went and questioned accused No.1, he along with the other accused persons hurled abuses at her and sister of accused No.1 held her tuft and assaulted on her face, back, chest and abdomen and other accused also assaulted her and when her husband tried to intervene, they threatened them with dire consequences etc. 8. Based on the above complaint, Crime No.11/2018 was registered at Byatarayanapura Police Station for offences punishable under Section 323, 341, 504, 506 read with Section 34 of IPC against accused Nos.1 to 4. On completion of investigation charge sheet was filed for the aforementioned offences against the said accused. 9. It is the contention of the learned counsel for the petitioners that the entire allegations are false and complaints are lodged as a counter blast to the suit filed by the accused - 7 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 against respondent No.2 and her husband. He contended that initially, case was registered on a complaint lodged by the second respondent against the driver of the water tanker and therefore, the second complaint lodged against the accused persons was not maintainable. He further contended that the suit in O.S.No.6343/2016 filed against the second respondent, her husband and husband's brother, was decreed by the Civil Court vide judgment dated 16.10.2024, restraining them from interfering with the water supply business and therefore, the dispute which is civil in nature has been given a texture of criminal offence and even otherwise, the ingredients of the offence alleged are not made out. 10. Learned counsel for the petitioner has relied on following decisions of the Hon'ble Apex Court: i) RAJESHBHAI MULJIBHAI PATEL AND OTHERS V/s. State of GUJARAT AND ANOTHER reported in (2020) 3 SCC 794. ii) MITESH KUMAR J. SHA V/s. STATE OF KARNATAKA AND OTHERS reported in (2022) 14 SCC 572. - 8 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 iii) T.T.ANTONY V/s. STATE OF KERALA AND OTHERS reported in AIR 2001 SC 2637, in support of his above contention. 11. In Rajeshbhai (supra) the issue is with regard to dishonour of a cheque issued by the accused and the Apex Court has held that when the key issue was pending consideration before the Civil Court, regarding the genuineness of documents, forgery of which was the basis of criminal proceedings, FIR ought not to have been allowed to continue. 12. In MITESH KUMAR J. SHA (supra) it is held that prosecution of criminal proceedings when a civil suit on same disputed facts are pending and in the absence of requisite ingredients, criminal prosecution for cheating etc, unless fraudulent or dishonest intention are at the beginning of the transaction, have to be quashed. 13. While relying on the judgment in T.T.ANTONY V/s. (supra) learned counsel would contend that the second complaint on the same set of facts is not maintainable. 14. This Court having gone through the judgments relied on by the learned counsel for petitioners is of the - 9 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 considered view that those judgments are not applicable to the facts of the case. 15. Respondent No.2 lodged a complaint against the driver of the tanker for causing accident which resulted in death of her dog. The FIR registered in Crime No.61/2015 at Byatarayanapura Police Station cannot be said to be in respect of the very same incident. It is alleged by the second respondent that when she went and enquired with accused No.1 about the said incident, the said accused along with others wrongfully restrained and abused her in filthy language and posed threat to her etc. 16. In so far as Crime No.11/2018 is concerned, it is entirely a different incident which took place on 08.01.2018 wherein, it is alleged that the accused persons asked the employees of BBMP to dump mud infront of complainant’s house and when she along with her husband went and questioned them at that time, they wrongfully restrained them and all the accused abused and threatened her etc. 17. A reading of the complaint and the entire material on record however, does not indicate that the ingredients of Section 341 of IPC are made out. Admittedly, it is the - 10 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 complainant herself who went and questioned the accused in both the incidents and therefore, it cannot be said that she was wrongfully restrained by the accused persons. However, the filing of charge sheet in so far as other offences are concerned, at this stage, cannot be said to be without any material. 18. Learned High Court Government Pleader has pointed out that the complainant has taken treatment in the hospital and wound certificate shows certain injuries sustained by her. Hence, the incident in question having taken place, cannot be doubted. 19. The filing of suit in O.S.No.6343/2016 is entirely a different matter wherein, accused No.1 therein alleged some interference by the complainant, her husband and husband’s brother into their water supply business. It cannot be said that because of the said dispute between the parties, false cases are registered against the petitioners herein. Charge sheet is already filed in both the cases. It is open for the Petitioners to seek discharge, if so advised, Hence, the following:- ORDER i) Petitions are partly allowed. - 11 - NC: 2025:KHC:12932 CRL.P No. 7170 of 2023 C/W CRL.P No. 7020 of 2023 ii) Filing of charge sheet in C.C.No18315/2018 and C.C.No.5273/2016, on the file of the 45th Additional Chief Metropolitan Magistrate C/C 31st Additional Chief Metropolitan Magistrate, at Bengaluru for the offence punishable under Section 341 of IPC is hereby quashed. iii) Petitioners are at liberty to seek discharge by filing appropriate application before the trial Court, if charges are not already filed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 40