- 1 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10277 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. POOVANNA @ M. A. POOVANNA S/O. ACHAPPA, AGED ABOUT 26 YEARS, R/AT KOTHUR VILLAGE, PONNAMPET TALUK, KODAGU DISTRICT – 571 210. 2. KRISHNA M.A, S/O. M. S. AIYAPPAMAIAH, AGED ABOUT 52 YEARS, R/AT LAKKUNDA ESTATE LAKKUNDA KOTHURU VILLAGE KODAGU DISTRICT – 571 210 3. SHYAM S/O. K. S. MANI, AGED ABOUT 26 YEARS, R/AT LAKKUNDA ESTATE LAKKUNDA KOTHURU VILLAGE KODAGU DISTRICT – 571 210 …PETITIONERS (BY SMT. VINITHA P.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY KUTTA POLICE STATION - KUTTA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 2. KOTTANGADA VIJU DEVAIAH W/O. LATE K. P. DEVAIAH, AGED ABOUT 54 YEARS, R/AT UMAMAHESHWARI LAYOUT, JUICE FACTORY ROAD, GONIKOPPA, VIRAJPET TALUK, KODAGU DISTRICT – 571 218. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R-1) THIS CRL.P IS FILED U/S.482 CR.P. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.8/2022 REGISTERED BY THE 1st RESPONDENT FOR THE OFFENCE P/U/S.447, 379, 506 R/W SEC.34 OF IPC WHICH IS NOW PENDING BEFORE THE CIVIL JUDGE AND J.M.F.C. PONNAMPET, KODAGU IN C.C.NO.2102/2022 IN SO FAR AS PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek quashing of the proceedings in C.C.No.2102/2022 arising out of Crime No.8/2022 registered by the 1st respondent – police, pending on the file of the Civil Judge (Jr.Dn.) & JMFC, Ponnampet, Kodagu, for the offences punishable under Sections 447, 479, 506 R/W 34 of IPC. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 3. A perusal of the material on record will indicate that the petitioners viz., Poovanna, Krishna M.A. and Shyam was arraigned as accused Nos.2, 3 and 4 in C.C.No.2102/2022 along with accused No.1, pursuant to FIR in Crime No.8/2022. The offences alleged against the petitioners and other accused are under Sections 447, 379 and 506 r/w. 34 of IPC. 4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed in Crl.P.No.7938/2023 dated 08.01.2025 as against accused No.1, in order to point out that in view of quashment of criminal proceedings qua accused No.1, the present petitioners who are accused Nos.2 to 4 in C.C.No.2102/2022 would be entitled to seek parity. 5. This Court in the case of Kodendera Nikil Kariappa @ K. Nikil M. Cariappa Vs. State of Karnataka and another – Crl.P.No.7938/2023 dated 08.01.2025, quashed the criminal proceedings qua accused No.1 (in C.C.No.2102/2022) and held as under: “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. - 4 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 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 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 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 - 5 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 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. 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. - 6 - NC: 2025:KHC:3526 CRL.P No. 10277 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.” 5. In the instant case, it is an undisputed fact that proceedings as against accused No.1 has been quashed by this Court in Crl.P.No.7938/2023 and consequently, by applying the doctrine of parity, proceedings against the petitioners - accused No.2 to 4 in this petition also deserves to be quashed. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings in C.C.No.2102/2022 arising out of FIR in Crime No.8/2022 registered by the 1st respondent – Police, pending on the file of the Civil Judge (Jr.Dn.) and JMFC, Ponnampet, Kodagu, for the offences punishable under Sections - 7 - NC: 2025:KHC:3526 CRL.P No. 10277 of 2023 447, 379, 506 r/w. 34 of IPC insofar as the petitioners-accused Nos.2 to 4 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 95