- 1 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25192 OF 2025 (GM-RES) BETWEEN: 1. SMT.VEENA NAIK AGED ABOUT 31 YEARS D/O MAHESH NAIK 2. SRI. MAHENDRA AGED ABOUT 30 YEARS S/O ANNAYYA NAIK 3. SRI. MAHESH AGED ABOUT 33 YEARS S/O ANNAYYA NAIK 4. SMT. AKKAYYA AGED ABOUT 57 YEARS DWO ANNAYYA NAIK ALL ARE RESIDING AT MUNDADI MELMANE KADOOR VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576234. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION REPRESENTED BY Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. SHYAMA NAIAK AGED ABOUT 45 YEARS S/O GOPALA NAIK R/O NISKAL, CHERKADY VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576234. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. BALAKRISHNA .M.R, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FIR DATED 24.10.2024 REGISTERED BY THE RESPONDENT NO.1 POLICE IN CRIME NO.239/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 126(2), 115(2), 118(1), 74, 352, 351(3) R/W 3(5) BNS PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, UDUPI (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed under Section 482 of Cr.P.C seeking quashing of the proceedings in Crime No.239/2024 for the offence punishable under Sections 126(2), 115(2), 118(1), 74, 352, 351(3) read with Section - 3 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 3(5) of BNS pending on the file of the Additional Civil Judge and JMFC, Udupi. 2. This Court deems it fit to extract the FIR contents/complaint lodged by respondent No.2 and the same is culled out as under; "ಈ ಪಕರಣದ ಾದು ನ ಾಾಂಶೇೆಂದೆ: ಾಂಕ 24/10/2024 ರಂದು ಾಾರರು ಅವರ ಾವ ಾ ಾಯ ರವ !ೆ ಸಂಬಂ$%ದ &ಾಡೂರು !ಾಮದ ಮುಂ*ಾ+ ,ೕಲ.ೆ ಎಂಬ01ರುವ 2ಾಗದ &ೆಲಸ&ೆ ಅವರ 4ೆಂಡ5 ವಸಂ5 ರವೊಂ!ೆ 4ೋ6, ಇತೆ &ೆಲಸ!ಾರೊಂ!ೆ ೇ 9ೋಟದ &ೆಲಸ ಾಡು5;ರುಾಗ <ೆಳ!ೆ> 11.30 ಗಂ?ೆ ಸಮಯ&ೆ ಆೋ9ೆ ೕAಾ ಾಯ ಅ01!ೆ ಬಂದು BೕವC &ೆಲಸ ಾಡುವCದು <ೇಡ ಇಂ2ೆDE ಆಡF ಇೆ ಎಂದು ಅಡGಗHI ತ*ೆದು B01%, ಇ01ಂದ 4ೋ6 ಎಂದು 4ೇJ ಅವರ K<ೈM Bಂದ +Nೕ ಾಡು5;ಾOಗ, ಅವೊಂ!ೆ ಬಂದO ಆೋ ಮ4ೇಂದನು ಅವನ &ೈಯ01ದO ೈಕM PೈE Bಂದ ಾಾರರ ತQೆ!ೆ ಬಲಾ6 4ೊ*ೆದುO, ನಂತರ ಆೋ ಮ4ೇಶನು &ೋ0Bಂದ <ೆBR!ೆ 4ೊ*ೆರು9ಾ;ೆ. 4ಾಗೂ ತ*ೆಯಲು ಬಂದ ಾಾರರ 4ೆAqÀw ವಸಂ5ಯನುR ಇಬSರೂ ೇ ದೂ+4ಾT &ೋ0Bಂದ 4ೊ*ೆರು9ಾ;ೆ. ಆ ಸಮಯ ಅ01!ೆ ಬಂದO ಆೋ9ೆ ಅಕಯU 4ಾಗೂ ೕAಾರವರು ೇ ವಸಂ5ಯವರನುR ಉೆOೕW% <ೇವ%, ರಂ*ೆ ಎಂದು 4ೇJ, &ೈ ಮತು; &ೋ0Bಂದ 4ೊ*ೆದು, ಮುಂದ&ೆ ಈ 2ಾಗದ01 &ೆಲಸ ಾ+ದೇ &ೊಂದು ಮು6ಸು9ೆ;ೕೆ ಎಂದು &ೊQೆ <ೆದ &ೆ 4ಾTರು9ಾ;ೆ. ಈ ಹQೆ1Yಂದ ಾಾರರ ತQೆಯ ಮುಂZಾಗ ರಕ; !ಾಯಾ6, 4ೊ?ೆI, ೊಂಟದ ಬJ ಒಳೋವC ಉಂ?ಾ6ದುO 4ಾಗೂ ವಸಂ5ಯವರ &ೈ &ಾಲು 4ಾಗೂ - 4 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 ೊಂಟದ ಬJ ಒಳ ೋವC ಉಂ?ಾ6ರುತ;ೆ. ಈ ಹQೆ1!ೆ 2ಾಗದ ತಕಾೇ &ಾರಣಾ6ರುತ;ೆ ಎಂ\9ಾU." 3. The substance of the written complaint lodged by respondent No.2 – complainant is that on 24.10.2024 at about 11.30 a.m., when the complainant and his wife were carrying out certain work on the disputed land, the petitioners came to the spot and picked up a quarrel with him. It is further alleged that during the course of the quarrel, the petitioners abused the complainant in filthy language and physically assaulted him using a cycle chain and a wooden log, thereby causing him grievous injuries on the head. The complaint further states that when the complainant’s wife attempted to intervene and pacify the situation, the petitioners turned on her as well and physically assaulted her. 4. At the outset, it is relevant to note that respondent No.2 – complainant himself has been the subject of criminal proceedings in the past. This Court, upon examination of those proceedings, had already - 5 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 quashed the same in exercise of its inherent jurisdiction, finding them untenable. 5. It is in this backdrop that the present complaint requires to be appreciated. The materials placed on record reveal that respondent No.2 has now set up a counterblast by lodging the instant complaint against the petitioners, who are none other than his close family members. The record further discloses a pattern wherein both sides have engaged in lodging multiple complaints against each other, resulting in registration of several FIRs. This Court is of the considered view that such recourse to criminal law machinery by family members, who are admittedly locked in civil disputes, amounts to misuse of the police process and cannot be countenanced. 6. The records further establish that partition suits are already pending between the parties before the competent civil court. The subject matter of dispute, therefore, is squarely within the realm of civil law. In such - 6 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 circumstances, initiation of successive criminal proceedings, more particularly at the instance of respondent No.2 against whom criminal cases have already been quashed, cannot be permitted to continue. Entertaining such proceedings would only amount to permitting harassment of the petitioners by dragging them into criminal litigation, which in essence stems out of a family property dispute. 7. This Court, therefore, is of the firm opinion that continuation of the proceedings in Crime No.239/2024 would be an abuse of the process of law and is liable to be quashed to secure the ends of justice. 8. In view of the above, this Court proceeds to pass the following; ORDER (i) The criminal petition stands allowed. (ii) The proceedings in Crime No.239/2024, pending on the file of the - 7 - HC-KAR NC: 2024:KHC:53456 WP No. 25192 of 2025 Additional Civil Judge and JMFC, Udupi, for the offences punishable under Sections 126(2), 115(2), 118(1), 74, 352, 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, are hereby quashed insofar as the petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1