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2025 DAILYLAW 35197 (KAR)

T RAGHAVENDRA GOWDA v. STATE OF KARNATAKA

WP/28316/2023 · 2025-01-29

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4079 WP No. 28316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28316 OF 2023 (GM-RES) BETWEEN: T RAGHAVENDRA GOWDA AGED ABOUT 42 YEARS, S/O M.THIMMEGOWDA, RESIDING AT NO. 65 VANIWILAS ROAD, BAASVANAGUDI, BANGALORE-560004 INCORRECTLY MENTIONED IN THE FIR AS RAGHAVENDRA S/O THIMMEGOWDA, BANGALURE MYSURU DIST, KARNATAKA-571124. …PETITIONER (BY SMT. SHRISTI WIDGE, ADVOCATE FOR SRI. MANU PRABHAKAR KULKARNI.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO, TALAKADU PS, NANAJANGUDU SUB DIVISION, MYSORE DISTRICT-57122. 2. MAHADEVAIAH AGED ABOUT 61 YEARS, S/O LATE SINDURANA BASAVAIAH MEDINI Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4079 WP No. 28316 of 2023 VILLAGE, TALAKADU, HOBALI, T.NARASIPURA TALLUK, MYSURU DISTRICT-571124 KARNATAKA. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC PRAYING TO QUASH THE FIR AGAINST PETITIONER IN CRIME NO. 32/2023 DTD 12.06.2023 REGISTERED BY TALAKADU POLICE STATION/R-1 FOR THE OFFENSES PUNISHABLE U/S 427, 447,506 AND 34 OF INDIAN PENAL CODE 1860 (AT ANNX-A); QUASH THE COMPLAINT LODGED BY THE R-2 ON 12.06.2023 (AT ANNX-B). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, 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: a) Quash the FIR against Petitioner, in Crime No.32/2023, dated 12.06.2023, registered by Talakadu Police Station/Respondent No.1 for the offences punishable under Sections 427, 447, 506 and 34 of Indian Penal Code, 1860 (at Annexure-A); b) Quash the Complaint lodged by the Respondent No.2 on 12.06.2023 (at Annexure-B)," - 3 - NC: 2025:KHC:4079 WP No. 28316 of 2023 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State and perused the material on record. The respondent No.2 having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that there is a civil/property dispute between the petitioner and respondent No.2 in relation to immovable property. On 12.06.2023, respondent No.2 lodged a complaint which was registered as an FIR in Crime No.32/2023 for the offences punishable under Sections 427, 447, 506 read with 34 of the Indian Penal Code, 1860. Aggrieved by the impugned complaint and FIR, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned complaint dated 12.06.2023 as well as the impugned FIR will indicate that except making general statements/allegations, the impugned complaint is cryptic and laconic apart from being vague and bald which does not contain necessary material particulars so as to constitute offences under Sections 427, 447, 506 read with 34 of the Indian Penal Code, 1860. - 4 - NC: 2025:KHC:4079 WP No. 28316 of 2023 5. In addition thereto, the material on record also discloses that the dispute between the parties is purely civil in nature but is converted into criminal dispute by giving a criminal color, which is impermissible in law and consequently, continuation of the impugned proceedings qua the petitioner would amount to abuse of the process of law warranting interference by this Court in the present petition. 6. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned FIR in Crime No.32/2023 dated 12.06.2023 registered by Talakadu Police Station for the offences punishable under Sections 427, 447, 506 read with 34 of the Indian Penal Code, 1860 [Annexure-A] and the complaint dated 12.06.2023 [Annexure-B] are quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB