- 1 - NC: 2025:KHC:7000 CRL.P No. 10315 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10315 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. VIJAY D. M., S/O MANJE GOWDA, AGED 58 YEARS, R/AT HOLADABAILU, HANGARAVALLI VILLAGE, AVATHI HOBALI, CHIKKAMAGALURU - 01. 2. SMT. SUCHALITHA W/O D. M. VIJAY, AGED 45 YEARS, R/AT HOLADABAILU, HANGARAVALLI VILLAGE, AVATHI HOBALI, CHIKKAMAGALURU - 01. 3. UTTAM GOWDA, S/O D. M. VIJAY, AGED ABOUT 20 YEARS, R/AT HOLADABAILU, HANGARAVALLI VILLAGE, AVATHI HOBALI, CHIKKAMAGALURU - 01. 4. NIRUP, S/O JAYARAME GOWDA, AGED ABOUT 45 YEARS, R/AT BANNUR VILLAGE, HANGARAVALLI POST, CHIKKAMAGALURU - 01. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7000 CRL.P No. 10315 of 2023 5. C. E. NARAYANA GOWDA, S/O ERE GOWDA, AGED ABOUT 60 YEARS, R/AT CHUKKAMAGARAVALLI VILLAGE, ALDUR POST, CHIKKAMAGALURU - 01 …PETITIONERS (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ALDUR POLICE STATION, CHIKKAMAGALURU DISTRICT REP. BY SPP, HIGH COURT BUILDING BENGALURU – 01 2. H.T. GIRISH, S/O THIMME GOWDA, GED ABOUT 50 YEARS, AGRICULTURIST, R/O HANGARAVALLI VILLAGE, HANGARAVALLI POST, CHIKKAMAGALURU - 01. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 R-2 IS SERVED, BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.151/2023 (PCR NO.447/2023) FOR THE OFFENCE PUNISHABLE UNDER SECTION 504, 323, 506 OF IPC AND SECTION 25, 27 OF ARMS ACT REGISTERED BY THE ALDUR POLICE AND PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:7000 CRL.P No. 10315 of 2023 ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, the petitioner in the above petition most humbly prays that this Hon’ble Court may be pleased to quash the FIR in Crime No.151/2023 (PCR No.447/2023) for the offence punishable under Section 504, 323, 506 of IPC and Section 25, 27 of Arms Act registered by the Aldur Police and pending on the file of Principal Civil Judge and JMFC, Chikkamagaluru, in the interest of justice. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest this petition. 4. A perusal of the material on record will indicate that on 14.03.2022, petitioner Nos.1 and 2 filed a suit for permanent injunction and for other reliefs against respondent No.2- complainant in O.S.No.109/2022 before the competent Civil Court. Subsequently, petitioner No.1 filed a private complaint in PCR No.148/2022 on 08.04.2022, which culminated in charge sheet in Crime No.40/2022 for the offences punishable under Sections 447, 427, 379, 506 of IPC, against respondent No.2 and others. - 4 - NC: 2025:KHC:7000 CRL.P No. 10315 of 2023 Thereafter, respondent No.2 appears to have filed the impugned complaint, which is registered as an FIR in Crime No.151/2023 for the offences punishable under Sections 504, 323 and 506 of IPC and Sections 25 and 26 of the Arms Act, which is assailed in the present petition. 5. A perusal of the aforesaid facts and circumstances and the averments made in the complaint filed by respondent No.2 is sufficient to come to the conclusion that after petitioner Nos.1 and 2 instituted both civil and criminal proceedings against respondent No.2, respondent No.2 has given the instant complaint by way of a counter blast attempting to convert predominantly, overwhelmingly and essentially, a civil dispute into a criminal dispute, which is impermissible in law as held by this Court in the cases of Naresh Kumar and another Vs. State of Karnataka – 2021 INSC 196 and Lohit Chaturvedi & Ors. Vs. State of Uttar Pradesh & Anr. – 2024 SCC OnLine SC 171. Consequently, continuation of the impugned proceedings would tantamount to abuse of process law and the same deserves to be quashed. 6. In the result, I pass the following: - 5 - NC: 2025:KHC:7000 CRL.P No. 10315 of 2023 ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Crime No.151/2023 (PCR No.447/2023) registered by respondent No.1 – Police, pending on the file of the Principal Civil Judge and JMFC, Chikkamagaluru, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 11