- 1 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10101 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 11865 OF 2024(482(Cr.PC) / 528(BNSS) IN CRL.P No.10101 OF 2024 BETWEEN: 1. SRI. ABDUL SALAM RAWTHAR S@ R. M. ABDUL SALAM S/O LATE SRI R M MOIDEEN AGED ABOUT 53 YEARS 2. SRI R M RAZAK S/O LATE SRI R M MOIDEEN AGED ABOUT 38 YEARS BOTH R/AT BETHU VILLAGE MADIKERI TALUK KODAGU DISTRICT 571252 …PETITIONERS (BY SRI. NANDISH GOWDA G.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA NAPOKUL POLICE STATION, NAPOKLU REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT OF KARNATAKA BUILDING BENGALURU 560001 2. SRI MOHAMMED ASRSHAK S/O SRI P S BASHEER AGED ABOUT 25 YEARS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 RA/T BETHU VILLGE NAPOKLU, MADIKERI TALUK KODAGU DSITRICT …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. HANEEF M.H., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.0024/2024 REGISTERED BY NAPOKLU POLICE STATION, FOR THE OFFENCE P/U/S 447, 504, 506, 323, 324 R/W 34 OF IPC PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, MADIKERI. IN CRL.P NO. 11865/2024 BETWEEN: 1. MR. MOHAMMAD ARSHAK SON OF MR. P.A. BHASEER AGED ABOUT 25 YEARS 2. MRS. JAMEELA WIFE OF MR.P.A.BHASEER AGED ABOUT 54 YEARS 3. MR. MOHAMMAD ASHFAQ (ASBAK) SON OF MR.P.A.BHASEER AGED ABOUT 32 YEARS ALL ARE RESIDING AT BETHU VILLAGE AND POST NAPOKLU, MADIKERI TALUK KODAGU-571 214 …PETITIONERS (BY SRI. HANEEF M.H., ADVOCATE) AND: 1. THE STATE BY SHO, NAPOKLU POLICE, MADIKERI CIRCLE MADIKERI TALUK, - 3 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 KODAGU - 571 214 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 2. MR.ABDUL SALAM RAWTHAR SON OF LATE R.M. MOHIDEEN AGED ABOUT 54 YEARS RESIDING AT B.M.ROAD NISARGADHAMA TOURIST CENTER RASALPURA, KUSHALNAGAR TALUK KODAGU DISTRICT-571 234 …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R1; SRI.NANDISH GOWDA, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., TO QUASH THE IMPUGNED FINAL REPORT NO.A/47/2024 DATED 19/08/2024 SUBMITTED BY THE R1 (NAPOKLU POLICE) AGAINST THESE PETITIONERS IN CRIME NO.44/2024 FOR THE OFFENCE PUNISHABLE SECTION 447, 504, 506 OF THE INDIAN PENAL CODE, 1860 (ANNEXURE-D) AND ETC. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR COMMON ORAL ORDER In Crl.P.No.10101/2024, the petitioners seek the following reliefs: " A) Quash the proceedings in Crime No. 0024/2024 Registered by Napoklu Police Station for the offence punishable under Section 447, 504, 506, 323, 324, R/w 34 of IPC pending on the file of the Addl. Civil Judge and JMFC, Madikeri in the interest of justice and equity. - 4 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 b. And grant such other order or directions as this Hon’ble Court deems fit under the circumstances of the costs, in the interest of justice and equity.” 2. In Crl.P.No.11865/2024, the petitioners seek the following reliefs: “a) To call for records, o the file of the Learned the Additional Civil Judge and JMFC, at Madikeri, Kodagu in C.C.No.2751/2024. b) To quash the impugned Final Report No.A//47/2024 dated: 19.08.2024 submitted by the Respondent No.1(Napoklu Police) against these petitioners in Crime No. No. 44/2024 for the offence punishable Seciton 447, 504, 506 of the Indian Penal Code, 1860. (Annexure-D) c) To quash the impugned order dated: 10.09.2024 passed by the learned the Additional Civil Judge and JMFC, at Madikeri, Kodagu in C.C.No.2751/2024 (ANNEXURE-E). d) To Grant such other order, directions, relief/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.” 3. Heard learned counsel for the parties and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record. - 5 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 4. A perusal of the material on record will indicate that the petitioners in Crl.P.No.10101/2024 seek quashing of the impugned proceedings pursuant to a complaint given by respondent No.2 - de-facto complainant against them. The said respondent No.2 also preferred Crl.P.No.11865/2024 against the petitioners in Crl.P.No.10101/2024 seeking quashing of the complaint given by them against him. 5. Learned counsel for the petitioners and respondents in both the petitions jointly submit that the dispute between them is purely civil in nature in relation to immovable property and the same is pending adjudication in O.S.No.23/2019 and in O.S.No.4/2021 pending before the Civil Court. It is jointly submitted that both the petitions may be allowed and the impugned proceedings by both parties against one another may be quashed by leaving open all rival contentions to be decided in the aforesaid pending civil suits. 6. In view of the aforesaid facts and circumstances and the joint submission made by both sides and in the light of the pendency of civil suits in O.S.Nos.23/2019 and 4/2021 before the - 6 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 Civil Court, I am of the view that the impugned proceedings deserve to be quashed. 7. In the result, I pass the following: ORDER (i) The petitions are allowed. (ii) In Crl.P.No.10101/2024, the impugned criminal proceedings in Crime No.24/2024 registered by respondent No.1-Police and the impugned pending on the file of the Addl. Civil Judge and JMFC, Madikeri, in so far as the petitioners are concerned, are hereby quashed. (iii) In Crl.P.No.11865/2024, the impugned criminal proceedings in C.C.No.2751/2024 (Crime No.44/2024 registered by respondent No.1- Police) pending on the file of the Additional Civil Judge and JMFC, Madikeri, in so far as the petitioners are concerned, are hereby quashed. (iv) All rival contentions between the parties are kept/left open to be decided in O.S.Nos.23/2019 - 7 - NC: 2025:KHC:2630 CRL.P No. 10101 of 2024 C/W CRL.P No. 11865 of 2024 and 4/2021 by the Civil Court, in accordance with law and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SR/BMC List No.: 1 Sl No.: 16