- 1 - NC: 2025:KHC-D:1555 CRL.P No. 100512 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100512 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VILAS H. KATWA AGED ABOUT 48 YEARS, OCC. MANAGING DIRECTOR, R/O. KESHAV CEMENTS AND INFRA LIMITED, NAGANAPUR VILLAGE, MUDHOL, DIST. BAGALKOT-587313. 2. RAJENDRA PATIL S/O. IRANAGOUDA PATIL AGED ABOUT 50 YEARS, OCC. MANAGER, R/O. KESHAV CEMENTS AND INFRA LIMITED, NAGANAPUR VILLAGE, MUDHOL, DIST. BAGALKOT-587313. 3. AMIT AMBLIMATH AGED ABOUT 32 YEARS, OCC. PRIVATE SERVICE, R/O. KESHAV CEMENTS AND INFRA LIMITED, NAGANAPUR VILLAGE, MUDHOL, DIST. BAGALKOT-587313. 4. REVAPPA BASARAGI AGED ABOUT 56 YEARS, OCC. PRIVATE SERVICE, R/O. KESHAV CEMENTS AND INFRA LIMITED, NAGANAPUR VILLAGE, MUDHOL, DIST. BAGALKOT-587313. 5. SUBHAS SHINDE AGED ABOUT 50 YEARS, OCC. PRIVATE SERVICE, R/O. KESHAV CEMENTS AND INFRA LIMITED, NAGANAPUR VILLAGE, MUDHOL, DIST. BAGALKOT-587313. …PETITIONERS (BY SRI. GIRISH A.YADAWAD, ADVOCATE) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:44 +0530 - 2 - NC: 2025:KHC-D:1555 CRL.P No. 100512 of 2022 AND: 1. THE STATE OF KARNATAKA REP BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH PSI, LOKAPUR POLICE STATION, DIST- BAGALKOT-587122. 2. DAVALSAB S/O. GAIDUSAB NADAF AGED 38, OCC. AGRICULTURE, R/O. LOKAPUR PINCHAR ONI, TQ. MUDHOL, DIST. BAGALKOT-587122. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. MALLIKARJUNSWAMY B.HIREMATH AND SRI. UMESH P.HAKKARKI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COMPLAINT DATED 03.02.2022 FILED BY THE RESPONDENT NO.2 AND THE FIR DATED 03.02.2022 IN CRIME NO.0015/2022 REGISTERED BY LOKAPUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS.143, 147, 323, 341, 427, 447, 504, 506 AND 149 OF THE IPC, 1860. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1 – State, and the learned counsel for respondent No.2. 2. The registration of the FIR for offences punishable under Sections 143, 147, 323, 341, 427, 447, 504, 506, and 149 of the Indian Penal Code (IPC) is challenged in this petition. - 3 - NC: 2025:KHC-D:1555 CRL.P No. 100512 of 2022 3. Respondent No.2 lodged the FIR alleging that his family is the owner of R.S. No.15/2 of Naganapur village, which is being cultivated by them, and they have grown wheat on the said land. The officials of M/s. Keshav Cements and Infra Limited, claiming that the subject land was leased to them by KIADB, allegedly trespassed onto the land, abused, assaulted, and threatened respondent No.2 and his family members with dire consequences. 4. The petitioners have filed a suit in O.S. No.98/2019 against respondent No.2 and his family members. In that suit, the jurisdictional Civil Court granted a temporary injunction restraining respondent No.2 and his family members from interfering with the petitioners’ peaceful possession and enjoyment of the subject land. Similarly, respondent No.2 and his family members instituted a suit in O.S. No.12/2020. However, in that suit, their application for a temporary injunction was rejected. 5. It is evident that respondent No.2, in an attempt to circumvent the temporary injunction operating against him and his family members, has lodged the FIR. The registration of the FIR appears to be an attempt to bypass the Civil Court’s order. The dispute between the parties is purely civil in nature, but it has been given a criminal complexion to wreak vengeance with a revengeful intent. Therefore, the continuation of criminal proceedings against the petitioners amounts to an abuse of the process of law. 6. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:1555 CRL.P No. 100512 of 2022 ORDER i) The petition is allowed. ii) The impugned proceedings in Crime No.0015/2022 registered by the Lokapur Police Station, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 47