- 1 - NC: 2025:KHC:3265 CRL.P No. 10278 of 2024 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. 10278 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: PRADEEPA N., S/O NARAYANAPP, AGED ABOUT 36 YEARS, R/AT NO.39, H. GOLLHALLI. HOSUR, RAMANAGAR HOSUR, KARNATAKA 562109 …PETITIONER (BY SRI. NATARAJ D., ADVOCATE) AND: 1. STATE BY BIDADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BENGALURU - 560001 2. SMT. JAYAMMA W/O CHELUVAIAH, AGED ABOUT 65 YEARS, R/AT NO HOSURU GOLLAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUKU, KARNATAKA - 562109 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1 R2 SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C BY PRAYING TO QUASH THE FIR IN CRIME NO.249/2024 REGISTERED AT BIDADI POLICE STATION NOW PENDING HON’BLE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3265 CRL.P No. 10278 of 2024 COURT, RAMANAGARA DISTRICT, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SEC. 115(2), 74, 329(3), 352, 351(3) BNS, AGAINST THE PETITIONER BY ALLOWING THIS PETITION. 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 the following reliefs: “The Petitioner most respectfully prays that this Hon’ble Court be pleased to quash the F.I.R. Crime No.249/2024 registered at Bidadi Police Station now pending before the Hon’ble Principal Civil Judge (Junior Division) and JMFC Court, Ramanagara District, for the alleged offence punishable under Sec. 11592), 74, 329(3), 352, 351(3), BNS against the Petitioner by allowing this Petition, to meets the ends of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served with notice, she did not appear before the Court and has chosen to remain unrepresented. 4. A perusal of the material on record will indicate that the petitioner is the son of one Narayanappa, who had instituted a suit - 3 - NC: 2025:KHC:3265 CRL.P No. 10278 of 2024 in O.S.No.331/2024 against Narasimhaiah, Chaluvaiah and Nagaraju for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is pending consideration before the Trial Court, was instituted on 25.06.2024. Subsequent to institution of the said suit, the wife of defendant No.2, Chaluvaiah, viz., Jayamma Instituted the instant complaint, which has been registered as an FIR in Crime No.249/2024 dated 06.07.2024. It is therefore contended that subsequent to the petitioner’s father instituting the aforesaid suit against the husband of respondent No.2, respondent No.2 has filed the instant complaint by falsely and vexatiously giving criminal colour to the dispute, which is essentially, predominantly and overwhelmingly a civil dispute, which is impermissible in law as held by the Apex Court in the case of Naresh Kumar Vs. State of Karnataka. – 2024 (3) SCR 740. 5. The material on record discloses that the petitioner being son of Narayanappa, a suit in O.S.No.331/2024 had already been instituted by the aforesaid Narayanappa against Chaluvaiah, husband of respondent No.2-complainant and others. It is therefore clear that it is essentially, predominantly and overwhelmingly a civil - 4 - NC: 2025:KHC:3265 CRL.P No. 10278 of 2024 dispute between the petitioner’s family and 2nd respondent’s family, which is sought to be given colour of criminal action and the same deserves to be quashed. 6. In the result, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned criminal proceedings in Crime No.249/2024 registered by respondent No.1 Police, pending before the Principal Civil Judge (Jr.Dn.) and JMFC, Ramanagara, in so far as the petitioner is concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 50