- 1 - NC: 2025:KHC:456 CRL.P No. 7938 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7938 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: KODENDERA NIKIL KARIAPPA @ K NIKIL M CARIAPPA, S/O KODANDERA C MEDAPPA, AGED 33 YEARS R/O LAKUNDA ESTATE, KOTHUR VILLAGE, PONNAMPET TALUK, KODAGU DISTRICT - 571201 …PETITIONER (BY SRI. VINITHA P C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY KUTTA POLICE STATION, KUTTA - 571201 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560001 2. KOTTANGADA VIJU DEVAIAH W/O LATE K P DEVAIAH, AGED 54 YEARS, R/AT UMAMHESHWARI LAYOUT, JUICE FACTORY ROAD, GONIKOPPA, VIRAJPET TALUK, KODAGU DISTRICT - 571218 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S.482 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.8/2022 REGISTERED BY THE 1ST RESPONDENT KUTTA POLICE STATION FOR THE OFFENCE Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:456 CRL.P No. 7938 of 2023 P/U/S.447, 379, 506 R/W SEC.34 OF IPC WHICH IS NOW PENDING BEFORE THE CIVIL JUDGE AND JMFC PONNAMPET, IN C.C.NO.2102/2022 IN SO FAR AS PETITIONER IS CONCERNED. 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, the petitioner seeks quashing of the proceedings in Crime No.8/2022 in which the petitioner is arraigned as accused No.1 and for other reliefs. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that petitioner’s father has already instituted a suit in O.S.No.61/2017 as against respondent No.2 before the competent Civil Court and there is no interim order of temporary injunction in favour of the petitioner’s father against respondent No.2-complainant. 4. It is contended that on 24.01.2020, as a counter blast and in order to harass and intimidate the petitioner and his father, respondent No.2 – complainant has filed the instant false and frivolous complaint invoking Sections 447, 379, 506 read with - 3 - NC: 2025:KHC:456 CRL.P No. 7938 of 2023 Section 34 of IPC during the pendency of the civil suit by giving criminal colour to the civil suit which is impermissible in law as held by the Apex Court in the following judgments: i) Naresh Kumar and Anr Vs. The State of Karnataka and Anr.1 ii) Paramjeet Batra Vs. State Of Uttarakhand & Ors.2 iii) Randheer Singh v. State of U.P.3 iv) Usha Chakraborty & Anr. v. State of West Bengal & Anr.4 5. It is therefore submitted that the continuation of the instant proceedings as against the petitioner/accused No.1 tantamounts to abuse of process of Court and deserves to be quashed. 6. Respondent No.2-complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the proceedings. 1 2024 INSC 196 – Slp (Crl.) No.1570/2021 2 (2013) 11 SCC 673 3 (2021) 14 SCC 626 4 2023 SCC OnLine SC 90 - 4 - NC: 2025:KHC:456 CRL.P No. 7938 of 2023 7. Before adverting to the submissions of learned counsel for the petitioner, it is relevant to notice that on 07.09.2023, this Court passed the following interim order: “Sri. P.P.Hegde, learned Senior Counsel for the petitioner submits that FIR was lodged to circumvent the order of permanent injunction granted against respondent No.2 and others in O.S.No.61/2017 dated 24.01.2020. Learned HCGP accepts notice for respondent No.1. Issue emergent notice to respondent No.2. Interim stay as prayed for insofar as it relates to petitioner-accused No.1 is granted, till the next date of hearing. I.A.1/2023 stands allowed accordingly.” 8. The aforesaid interim order continues to remain in force even as on today. In addition thereto the material on record discloses that the dispute between respondent No.2-complainant and the petitioner and his father is predominantly and overwhelmingly a civil dispute and the same has been given criminal colour and as such, same deserves to be quashed as held by the Apex Court in the identical circumstances in the aforesaid judgments. - 5 - NC: 2025:KHC:456 CRL.P No. 7938 of 2023 9. Under these circumstances, the impugned proceedings qua the petitioner deserves to be quashed. 10. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The proceedings pursuant to Crime No.8/2022 in C.C.No.2102/2022 on the file of the Civil Judge and JMFC, Ponnampet qua the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 3