- 1 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 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 CRIMINAL PETITION NO. 5631 OF 2024 BETWEEN: 1. MR. KRISHNA NAIK S/O LATE SOMA NAIK AGED ABOUT 48 YEARS 2. MR. PINIYA NAIK S/O LATE MADHA NAIK AGED ABOUT 62 YEARS 3. MR. VANDHANA W/O KRISHNA NAIK AGED ABOUT 40 YEARS PETITIONERS NO. 1 TO 3 RESIDING AT MUNDADY MELMANE KADOOR GRAMA AND POST (VILLAGE) BRAHMAVARA TALUK UDUPI DISTRICT-576234. 4. SMT. VASANTHI BAI W/O SHYAMA NAIK AGED ABOUT 40 YEAS R/A NILSAKAL, PETHRI POST CHERKADY VILLAGE, BRAHMAVARA TALUK UDUPI DISTRICT-576215. …PETITIONERS (BY SRI. BALAKRISHNA .M.R, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 AND: 1. STATE OF KARNATAKA BY BRAHMAVAR PS UDUPI DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. SMT. AKKAYYA NAIK W/O ANNAYYA NAIK AGED ABOUT 60 YEARS R/A MUNDADI MELMANE KADOOR VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576234. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. K. PRASANNA SHETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.142/2024 DATED 03.06.2024 PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C, UDUPI FOR THE ALLEGED OFFENCES P/U/S 323, 354, 34 OF IPC REGISTERED BY THE RESPONDENT NO.1/BRAHMAVAR P.S BASED ON THE COMPLAINT FILED BY THE RESPONDENT NO.2. 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 pending in Crime No.142/2024 for the offence punishable under Sections - 3 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 323, 354 and 34 of IPC 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 ಾರಂಶೇೆಂದೆ: ಬಾವರ ಾಲೂಕು, ಾಡೂರು ಾಮದ, ಮುಂ"ಾ#, $ೕಲೆ ಎಂಬ&' ಾಸಾ)ರುವ ಾ*+ಾರರು *ಾಂಕ 03.05.2024 ರಂದು ಮ,ಾ-ಹ/ 12:30 ಗಂ1ೆ ೆ ತನ/ ಮಕ34ಾದ ಮೇಶ, ಮೇಂದ ಾಗೂ ೊೆ ೕ5ಾ ಾಯ3 ರವರ 7ೊೆ ೋಟದ +ಾ9ಯ&' ನ"ೆದುೊಂಡು ೋಗುಾಗ 2ೇ ಆೋ ಾದ ; ಾ ಾಯ3 ರವರ ತೂ9 $ೕೆ ೆ 1ೇ ಆೋ ಾದ ಕೃಷ> ಾಯ3 ಎಂಬವರು ಮುಳ@A)ಡವನು/ +ಾ9ಯ $ೕBೆ ಾC ನ"ೆ+ಾಡದಂೆ Dಾ#ದುE, ಈ ಬ ೆF ಾ*+ಾರರು ಪGೆ/ Dಾ#ದEೆ3 2ೇ ಆೋಯ ತೂ9ಯಂೆ 1ೇ ಆೋಯು Hಾಟ&ಯ&' ಾC ತಂ*ದE $ೕಣIನ ಪJ#ಯನ/ K ಾ*+ಾರರ ಮಕ34ಾದ ಮೇಶ ಾಗೂ ಮೇಂದ ರವರ ಕ;> ೆ ¸Éàçà Dಾ# ಾC, +ೊ5ೆ>Lಂದ ೊ"ೆಯುವೇ ಉ+ೆEೕNI Hೆನ/ Oಂ+ೆ ಬಂದು ದೂ#ರುಾPೆ. ಆಗ Hಾಟ&Lಂದ ¸Éàçà Dಾಡುವ ಸಂಧಭದ&' ಕIದು ೊಳAಲು ೋದ ಮೇಂದ ಾಗೂ K ಾ*+ಾರರ ೊೆ ೕ5ಾ ಾಯ3 ರವ9 ೆ 1ೇ ಆೋಯು ಬಲಾ) ೊ"ೆ*ರುಾPೆ, 4ೇ ಆೋೆ ವಸಂS HಾL ¸Éàçà Hಾಟ&ಯನು/ 1ೇ ಆೋ ೆ ತಂದುೊTUದುE, ಅದೆ3 ಸಾಯ Dಾ#ದ 1ೇ ಆೋಯ ೆಂಡS ಾದ 3ೇ ಆೋೆ ವಂದಾ 1ೇ ಆೋತನ ೈLಂದ ¸Éàçà Hಾಟ&ಯನು/ ಕIದು ೊಂಡು ಾ*+ಾರ9 ೆ ¸Éàçà Dಾ# ತನ/ ೈT Cೆಯ&' Hಾಟ&ಯನು/ ಾCೊಂಡು ಅ&'ಂದ ಆೋತರು ಓ# ೋ)ರುಾPೆ, ಈ ಕೃತ-ೇಸ)ದ - 4 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 ಆೋತರ $ೕBೆ ಸೂಕP ಾನೂನು ಕಮ ೈ ೊಳAವಂೆ Yೕ#ರುವ K ಾದು ಆ)ರುತP+ೆ." 3. The sum and substance of the complaint lodged by respondent No.2 – complainant is that on 03.05.2024 at about 12.30 p.m., while respondent No.2 along with her two sons and daughter-in-law were proceeding towards their house, petitioner No.1, at the instance of petitioner No.2, allegedly placed thorns on the road in order to obstruct the passage of respondent No.2 and her family members. When respondent No.2 questioned such act, it is alleged that petitioner No.1 used pepper spray to cause hurt to both the sons of respondent No.2. It is further alleged that when one of the sons of respondent No.2 attempted to snatch the pepper spray bottle, the petitioners collectively assaulted them. The complaint also states that petitioner No.3 took possession of the spray bottle from petitioner No.1 and sprayed it on the face of respondent No.2 before fleeing from the spot. It is further - 5 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 alleged that petitioner No.4 assisted the other petitioners in committing the said acts of assault and intimidation. 4. On a plain reading of the FIR, it is clear that the complaint has been lodged on 03.06.2024 in respect of an incident alleged to have occurred on 03.05.2024. Thus, there is an unexplained delay of nearly one month in lodging the complaint. Be that as it may, it is also forthcoming from the records that multiple complaints and counter-complaints are being filed by the rival family members, which are already pending before this Court in a batch of petitions. Perusal of the order sheet further discloses that civil disputes are already pending consideration between the same set of parties. Instead of seeking redressal of their civil disputes before the Civil Court, the parties have resorted to filing repeated criminal complaints against each other, thereby misusing the police machinery. - 6 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 5. This Court also finds that the allegations contained in the present complaint are stereotyped and suffer from lack of independent corroboration. A pattern is discernible wherein each of the family members, who are parties to the civil dispute, are in the habit of approaching the police station and lodging complaints, thereby giving rise to a spate of criminal proceedings which are nothing but an offshoot of the pending civil litigation. Continuation of such criminal proceedings, in the considered opinion of this Court, would amount to an abuse of the process of law and would only perpetuate harassment to the petitioners. 6. In the above circumstances, this Court is of the opinion that no useful purpose would be served by allowing the criminal proceedings to continue. This Court proceeds to pass the following; ORDER (i) The petition is allowed. - 7 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 5631 of 2024 (ii) The proceedings in Crime No.142/2024 dated 03.06.2024 registered by respondent No.1 – Brahmavar Police Station, for the alleged offences punishable under Sections 323, 354 and 34 of the Indian Penal Code and which are now pending before the Court of the Additional Civil Judge and JMFC, Udupi, are hereby quashed insofar as the present petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1