- 1 - NC: 2025:KHC:3073 CRL.P No. 12193 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12193 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MS. YASMIN TAJ D/O M ABDUL HAMEED, AGED ABOUT 49 YEARS, RESIDING AT NO. 65/66, 6TH MAIN, SANA ENCLAVE, KATTIGENAHALLI, YELAHANKA, BANGALORE-560 064. 2. MS. HASEEN TAJ, D/O ABDUL HAMEED AGED ABOUT 51 YEARS, R/AT NO. 342, 9TH MAIN, SHAKAMBARI NAGAR, BANGALORE SOUTH, J.P NAGAR, BANGALORE 560 078. …PETITIONERS (BY SRI. MOHAMMED NAWAZ SHARIFF, FOR SRI. CHANDPASHA, ADVOCATES) AND: 1. STATE OF KARNATAKA BAGALUR P.S REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. NARAYANA SWAMY.B.N S/O NANJAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.13, 1ST MAIN ROAD, SOMESHWARA LAYOUT, YELAHANKA BANGALORE-560 064. …RESPONDENTS (BY SMT. M.M. WAHEED, HCGP FOR R-1 R-2 SERVED, BUT UNREPRESENTED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3073 CRL.P No. 12193 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.3038/2024 FILED BY THE 1ST RESPONDENT BAGALUR P.S. AT ANNEXURE-D ARSING OUT OF CR.NO.138/2023 FOR THE ALLEGED OFFENCE P/U/S 341,506 R/W 34 OF IPC PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C DEVANAHALLI AGAINST THE PETITIONERS I.E ACCUSED NO.1 AND 2. 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, petitioners have sought for the following reliefs:- “a) Quash the charge Sheet in C.C. No. 3038/2024 filed by the 1st respondent Bagaluru Police Station at Annexure-D arising out of CR.No.138/2023 for the alleged offences punishable under section 341, 506 r/w 34 IPC pending on the file of Prl.Civil Judge & JMFC, Devanahalli, against the petitioners i.e, Accused No.1 & 2 in the interest of justice and equity. b) Grant such other relief/relief’s as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served with notice of this petition, he has chosen to remain unrepresented and has not contested the petition. - 3 - NC: 2025:KHC:3073 CRL.P No. 12193 of 2024 4. A perusal of the material on record will indicate that respondent No.2 lodged a complaint, which was registered as an FIR in Crime No.138/2023 dated 28.06.2023 against the petitioners – accused Nos.1 and 2 for the alleged offences punishable under Sections 341 and 506 r/w 34 of IPC. In this context, it is relevant to state that earlier on 13.12.2023 itself, the petitioner No.1 had lodged two complaints against the accused persons in Crime No.344/2023 and Crime No.346/2023 before the Sampigehalli Police Station, Bangalore, for offences alleged under Sections 427, 506, 509, 504, 149 and 323 of IPC, pursuant to which investigation is being carried on by the police authorities, which clearly indicates that the said complaint in Crime No.138/2023 given by respondent No.2 is a counter blast to the complaint already given by the petitioner No.1 against him and other accused persons. In addition thereto, the material on record discloses that the petitioners had already filed a suit in O.S.No.92/2014 against respondent No.2 which was decreed in their favour by the Trial Court and pending before this Court in RFA No.726/2022 in which there is an interim order of status quo. It is therefore clear that the dispute between the parties in relation to immovable properties is essentially, overwhelmingly and predominantly of a civil character/nature, - 4 - NC: 2025:KHC:3073 CRL.P No. 12193 of 2024 which is sought to be given a criminal colour by respondent No.2 by giving the impugned complaint and consequently, continuation of the proceedings as against the petitioners would amount to abuse of process of law warranting interference by this Court in the present petition, particularly when necessary ingredients to attract the offences alleged against the petitioners are not present in the complaint/FIR or in the other material on record. It is also relevant to state that respondent No.2 – complainant has been served with notice of this petition and he has not chosen to contest and has remained unrepresented. Under these circumstances, the impugned criminal proceedings deserves to be quashed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned criminal proceedings in C.C.No.3038/2024 arising out of Crime No.138/2023 of Bagalur Police Station, now pending on the file of the Prl.Civil Judge and JMFC, Devanahalli, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL