- 1 - NC: 2025:KHC:814 CRL.P No. 12083 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12083 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI MOHAMMED IRFAN ALI S/O. MOHAMMED MUMTAJ ALI, AGED ABOUT 44 YEARS, R/AT NO. 54, 5TH CROSS, KANAKANAGAR, BANGALORE 560 032. 2. 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. …PETITIONERS (BY SRI. CHANDPASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001, 2. MR. SRINIVAS G PATEL, S/O MR. GOVINDARAJU, AGED ABOUT 54 YEARS, R/AT NO. 7, SRI NILAYA, 2ND CROSS, MARAPPA GARDEN, J C NAGAR, BANGALORE 560 046. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R-1 R-2 SERVED BUT UNREPRESENTED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:814 CRL.P No. 12083 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR. NO. 246/2024 REGISTERED AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES P/U/S 115(2), 118(1), 3(5), 351(3), 352, 49 BNS, 2023 REGISTERED BY THE R1 BAGALUR PS AT ANN-A PENDING ON THE FILE OF ACJ AND JMFC, DAVANAHALLI, IN SO FAR AS THE PETITIONERS ARE CONCERNED. 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 petitioners seek the following reliefs: “a) Quash the FIR in CR.NO.246/2024 registered against the petitioners for the alleged offences punishable under Section 115(2), 118(1), 3(5), 351(3), 352, 49 BNS, 2023 registered by the 1st respondent Bagalur PS at Annexure-A pending on the file of ACJ & JMFC, Devanahalli, in so far as the petitioners are concerned 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 - NC: 2025:KHC:814 CRL.P No. 12083 of 2024 3. Respondent No.2 having been served with notice of this petition, he has chosen to remain unrepresented and has not contested the petition. 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.246/2024 dated 15.08.2024 against the petitioners – accused Nos.1 and 4 for the alleged offences punishable under Sections 115(2), 118(1), 3(5), 351(3), 352 and 49 of the BNS, 2023. In this context, it is relevant to state that earlier on 14.08.2024 itself, the petitioners had lodged a complaint against respondent No.2 by arraigning him as accused No.5 in Crime No.245/2024 for offences alleged under Section 115(2), 118(1), 3(5), 351(3), 352 and 74 of the Bharathiya Nyaya Sanhita, 2023, pursuant to which investigation is being carried on by the police authorities, which clearly indicates that the said complaint given by respondent No.2 is a counter blast to the complaint already given by the petitioners against him. 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 - 4 - NC: 2025:KHC:814 CRL.P No. 12083 of 2024 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, 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) The Criminal Petition is allowed. (ii) The impugned criminal proceedings in Crime No.246/2024 of Bagalur Police Station, now pending on - 5 - NC: 2025:KHC:814 CRL.P No. 12083 of 2024 the file of the ACJ & JMFC, Devanahalli, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 57