- 1 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100889 OF 2025 (482(CR.PC)/528(BNSS) BETWEEN: 1. FATHIMA W/O LATE CHAND BASHA AGED 62 YEARS, OCC. HOUSEHOLD, R/O D.NO. 90, 11TH WARD, JAMIA MOSQUE STREET, BRUCEPET, BALLARI-583101. 2. TOUSEF AHEMED P. S/O LATE CHAND BASHA AGED 35 YEARS, OCC. SERVICE, R/O D.NO. 90 11TH WARD, JAMIA MOSQUE STREET, BRUCEPET, BALLARI-583101. 3. KHALID AHAMED P S/O LATE HONNURSAB AGED 39 YEARS, OCC. SERVICE, R/O D.NO. 90 11TH WARD , JAMIA MOSQUE STREET, BRUCEPET BALLARI-583101. …PETITIONERS (BY SRI. VISHWANATH HEGDE, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 AND: 1. STATE OF KARNATAKA REP. BY POLICE SUB INSPECTOR, BALLARI RURAL POLICE STATION, BALLARI-583101 REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. G GANISAB S/O G HUSSAINSAB AGED 65 YEARS, OCC. NOT KNOWN R/O D.NO. 90, 11 WARD JAMIA MOSQUE STREET, BRUCEPET, BALLARI-583101. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENT NO.1, R-2 SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE CHARGE SHEET DATED 27.08.2022 PURSUANT TO COMPLAINT DATED 20.06.2022 FILED BY 2ND RESPONDENT AND FIR DATED 20.06.2022 REGISTERED BY 1ST RESPONDENT IN CRIME NO. 0137/2022 OF BALLARI RURAL POLICE STATION FOR ALLEGED OFFENCE U/SEC. 447, 504, 506 R/W 34 OF IPC, 1860 AND FURTHER PROCEEDINGS PENDING BEFORE ACJ AND JMFC BALLARI IN C.C.NO. 660/2022 FOR ALLEGED OFFENCES U/SEC. 447, 504, 506 R/W SEC. 34 OF IPC 1860 IN SO FAR AS PETITIONERS/ACCUSED NO. 1 TO 3 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.660/2022 pending before the Court of III Additional Civil Judge and JMFC, Ballari, arising out of Crime No.137/2024 registered by Ballari Rural Police Station, for the offences punishable under Sections 447, 504, 506 r/w 34 of IPC, 1860. 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. Learned counsel for the petitioners submits that petitioner no.1 is the direct sister of respondent no.2. There is a civil dispute between the parties with regard to certain immovable properties. Respondent no.2 has filed OS No.349 of 2021 before the Principal Senior Civil Judge, Ballari for - 4 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 decree of partition and separate possession of the said properties. The allegation against the petitioners is that they had trespassed into the lands which are subject matter of OS No.349 of 2021. There is an order of temporary injunction operating in the said suit in favour of the petitioners. He accordingly prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Perusal of the material on record would go to show that the parties to this petition are close relatives. Petitioner no.1 is the mother of petitioner nos.2 and 3 and sister of respondent no.1. Respondent no.2 has filed OS No.349 of 2021 before the Principal Civil Court at Ballari seeking partition and separate possession and has claimed 2/7th share in the suit schedule properties. Allegation in the first information is that petitioners herein had trespassed into the land bearing Survey Nos.14A/1 and 13A/1 situated at Bisalahalli village, Ballari Taluk. - 5 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 6. Perusal of the schedule given to the plaint in OS No.349 of 2021 would go to show that the lands in dispute are the suit schedule properties and pendency of OS No.349 of 2021 has been mentioned in the first information by respondent no.2. It is brought to the notice of this Court that in the said suit there is an order of injunction operating in favour of the petitioners herein. Therefore, it cannot be said that petitioners had trespassed into the aforesaid lands in respect of which they are enjoying order of temporary injunction. Therefore, the offence punishable under Section 447 of IPC could not have been invoked against the petitioners having regard to the admitted facts and circumstances of the case. Insofar as the other offences are concerned, they are non cognizable in nature. Therefore, without complying the requirement of Section 155(2) of Cr.P.C., FIR could not have been registered against the petitioners. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its - 6 - HC-KAR NC: 2025:KHC-D:11229 CRL.P No. 100889 of 2025 powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in CC No.660/2022 pending before the Court of III Additional Civil Judge and JMFC, Ballari, arising out of Crime No.137/2024 registered by Ballari Rural Police Station, for the offences punishable under Sections 447, 504, 506 r/w 34 of Indian Penal Code is hereby quashed as against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:GSM LIST NO.: 1 SL NO.: 52