- 1 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26577 OF 2024 (GM-RES) BETWEEN: 1. SMT. RADHAMANI W/O KRISHNAPPA AGED ABOUT 49 YEARS NO.17, 4TH MAIN ROAD, 1ST MAIN ROAD, 4TH CROSS, DODDAIAH LAYOUT, NANNAPPA GARDEN, BABUSABPALYA, BENGALURU-560043. 2. KRISHNAPPA S/O NARASHIMAHAPPA AGED ABOUT 57 YEARS NO.17, 4TH MAIN ROAD, 1ST MAIN ROAD, 4TH CROSS, DODDAIAH LAYOUT, NANNAPPA GARDEN, BABUSABPALYA, BENGALURU-560043. 3. RAMESH S/O NARASHIMAHA NAYAK, AGED ABOUT 49 YEARS NO.17, 4TH CROSS, NEAR THOMAS CENTER, BALACHANDRA LAYOUT, BABUSABPALYA, BENGALURU-560043. 4. NITHIN S/O KRISHNAPPA AGED ABOUT 27 YEARS NO.17, 4TH MAIN ROAD, 1ST MAIN ROAD, 4TH CROSS, DODDAIAH LAYOUT, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 NANNAPPA GARDEN, BABUSABPALYA, BENGALURU-560043. 5. AJAY KUMAR K.S. S/O SAHTYANARAYANA K.T. AGED ABOUT 28 YEARS, KALAVARA VILLAGE, CHICKBALLAPURA TALUK, CHIKKABALLAPURA-562103. …PETITIONERS (BY SRI. AMIT ANAND DESHPANDE, ADVOCATE) AND: 1. STATE BY NANDI GIRIDHAMA P.S. CHIKKABALLAPURA DISTRICT, REPT. BY S.P.P. HIGH COURT BUILDING, BENGALURU-560001 2. GOPALAKRISHNA B.P. S/O PAPANNA, BANDAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562103. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; NOTICE SERVED ON RESPONDENT NO.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1879/2022 FILED BY THE NANDI GIRIDHAMA POLICE STATION (ARISING OUT OF CRIME NO. 128/2021) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 354, 47, 447, 504 AND 506 R/W 149 OF IPC, VIDE ANNEXURE-C AND THE CONSEQUENTIAL ORDER OF TAKING COGNIZANCE DATED 26.12.2022 IN C.C.NO.1879/2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHIKKABALLAPURA IN - 3 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 RESPECT OF THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 354, 427, 447, 504 AND 506 R/W 149 OF IPC VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek for the following reliefs:- i) Allow this writ petition by issuing a writ of certiorari by quashing the proceedings in C.C.No.1879/2022 filed by the Nandi Giridhama Police Station (arising out of Crime No.128/2021) for the offences punishable U/Sec. 143, 147, 323, 354, 47, 447, 504 & 506 R/W 149 of IPC, vide Annexure-C and the consequential order of taking cognizance dated 26.12.2022 in C.C.No.1879/2022 on the file of Prl. Civil Judge & JMFC, Chikkaballapura, in respect of the offences punishable U/Sec.143, 147, 323, 354, 427, 447, 504 & 506 R/W 149 of IPC, vide Annexure - C. ii) Pass such other order, direction as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1 and - 4 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 perused the material on record. Respondent No.2 having been served with the notice of this petition has chosen to remain unrepresented and has not contested the proceedings. 3. A perusal of the material on record would indicate that there were two civil disputes/litigations between the petitioners and respondent No.2 in O.S.No.27/2021 and O.S.No.147/2021 before the Trial Court, which are still pending adjudication. Meanwhile, the petitioner No.1 filed a complaint against respondent No.2 and others, which was registered as an FIR in Crime No.127/2021 on 13.10.2021, subsequent to which, respondent No.2 filed one more complaint against the petitioners, which was registered as an FIR in Crime No.128/2021. Thereafter, on 20.12.2021 charge-sheet was filed in Crime No.127/2021 registered by petitioner No.1 against respondent No.2 and others, of which cognizance was taken by the Trial Court in Spl.C.C.No.46/2021, which culminated in a judgment/order of acquittal dated 20.12.2022. Meanwhile, there was one more suit in O.S.No.349/2022 pending between the parties in relation to the very same property before the competent civil court. So also, the complaint registered in Crime No.128/2021 by respondent No.2 against the petitioners is presently pending in - 5 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 C.C.No.1879/2022 on the file of the II Additional Civil Judge and JMFC, Chikkaballapura, which is assailed in the present petition. 4. A perusal of the aforesaid factual circumstances would indicate that in relation to the very same incident relating to immovable property, apart from the fact that there are civil disputes in O.S.No.27/2021, O.S.No.147/2021 and O.S.No.349/2022 pending between the parties, the case filed by the petitioner No.1 against respondent No.2 and others culminated in a judgment/order of acquittal, which attained finality and became conclusive and binding upon the petitioners. It is also relevant to state that the dispute between the parties is essentially and predominantly of a civil nature and character, which is sought to be given a criminal colour by respondent No.2, which is impermissible in law, especially in the light of the pending civil litigations. 5. Under these circumstances, I am of the view that the continuation of the impugned proceedings qua the petitioners would amount to abuse of process of law and the same deserves to be quashed. - 6 - HC-KAR NC: 2025:KHC:23129 WP No. 26577 of 2024 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings against the petitioners in C.C.No.1879/2022 pending on the file of the II Additional Civil Judge and JMFC, Chikkaballapura, for the offences punishable under Sections 143, 147, 323, 354, 427, 447, 504 and 506 read with Section 149 of IPC are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR List No.: 1 Sl No.: 43