- 1 - HC-KAR NC: 2025:KHC:23554 CRL.P No. 11047 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11047 OF 2024 BETWEEN: 1. SRI. POONESH M.D, S/O LATE DEVEGOWDA, AGED ABOUT 52 YEARS, R/AT HULLUMAKKI, KOPPA RURAL, KOPPA, CHIKKAMAGALURU - 577 126. 2. SMT. DEEPIKA V, W/O LATE GOURISH AGED ABOUT 30 YEARS R/AT MEKANAHADALU, SEETHURU VILLGE, BALEHONUR HOBLI, NARASIMRAJAPURA TALUK, CHIKAMAGALUR - 277 127. …PETITIONERS (BY SRI. VIJAYA KUMAR K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NARASIMHARAJAPURA POLICE STATION BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. VENAKTESH GOWDA, S/O SUBBEGOWDA, Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23554 CRL.P No. 11047 of 2024 AGED ABOUT 65 YEARS, R/A KAMCHADAL, SEETHURU VILLAGE, BALEHONUR HOBLI, NARASHIMRAJAPURA TALUK, CHIKKAMAGALURU DISTRICT - 277 127. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT DATED 29.07.2024 (ANNEXURE-A) AND THE FIR IN CR.NO.74/2024 (ANNEXURE-B) REGISTERED ON 29.07.2024 BY RESPONDENT NO.1 i.e., NARASIMHARAJAPURA POLICE AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/S 504, 506, 324 R/W 34 OF IPC NOW PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C AT N.R.PURA. 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, the petitioner seeks the following reliefs. "WHEREFORE, the petitioners respectfully pray that, this Hon'ble Court may be pleased to. a) Quash the complaint dated 29.07.2024 (ANNEXURE-A) and the First Information Report in Crime No.74/2024 (ANNEXURE-B) registered on 29.04.2024 by Respondent No.1 i.e., - 3 - HC-KAR NC: 2025:KHC:23554 CRL.P No. 11047 of 2024 Narashimarajapura police against the Petitioners for the alleged offences punishable under Sections 504, 506, 324 r/w section 34 of IPC, now pending on the file of the Civil Judge and JMFC at N.R.Pura; aa) Quash the entire charge sheet filed by the Narasimharajapura Police Station /respondent No.1 in C.C. No.645/2024, pending on the file of the Hon'ble Civil Judge and JMFC at N.R.Pura, for the offence punishable under section 323, 326, 504, 506, 34 Of IPC of Indian Penal Code, and order dated 24.10.2024, passed in C.C.No.645/2024 passed by the 323, 326, 504, 506, 34 Of IPC, taking cognizance and directing to register the criminal case for the offence punishable under section 323, 326, 504, 506, 34 Of IPC of Indian Penal Code b) Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard the learned counsel for the petitioner. Respondent no.2 is served, but unrepresented. Perused the material on record which indicate that respondent No.2 initially filed a complaint on 28.06.2024 making certain allegations against the petitioners. The said complaint culminated in the NCR issued by respondent No.1 - Police authorities vide Annexure G1 and G2. Subsequently, respondent no.2 gave one more complaint dated 29.07.2024 after a lapse of one month which was - 4 - HC-KAR NC: 2025:KHC:23554 CRL.P No. 11047 of 2024 registered as FIR in Cr.No.74/2024 for the alleged offences punishable under Sections 504, 506, 324 r/w 34 of IPC. After investigation, the police authorities filed the charge sheet which is currently pending in C.C.No.645/2024 before the Trial Court and which is assailed in the present petition. 3. A Perused of the material on record comprising of the complaint, FIR, charge sheet materials, statement of witness, documents etc., is sufficient to come to the conclusion that the same do not disclose the commission of the alleged offences by the petitioners. On the other hand, the material on record clearly establishes that in the first instance, the 2nd respondent filed a complaint on 28.06.2024 which was closed by issuance of NCR endorsement by the police - authorities and subsequently after lapse of more than one month, the 2nd respondent filed the impugned complaint which clearly indicates that the dispute between the parties is of a civil nature relating to an immovable property which cannot be given a - 5 - HC-KAR NC: 2025:KHC:23554 CRL.P No. 11047 of 2024 criminal colour as held by the Apex Court in the case of Naresh Kumar and another Vs. State of Karnataka (2024 INSC 196) and K.Bharati Devi Vs. State of Telangana and another (2024 INSC 750). 4. Under these circumstances, I am of the view that continuation of the impugned proceedings quo the present petitioners would amount to abuse of process of law warranting interference in the present petition. Accordingly I pass the following: ORDER Petition is allowed. The impugned proceedings in C.C.No.645/2024 pending on the file of Civil Judge and JMFC at N.R.Pura qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 80 CT: BHK