- 1 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 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 CRIMINAL PETITION NO. 10447 OF 2025 C/W CRIMINAL PETITION NO. 7515 OF 2025 IN CRL.P No. 10447/2025 BETWEEN: 1. SRI. CHANDRASHEKARAIAH S/O. LATE SRI. SRIKANTAIAH AGED ABOUT 47 YEARS 2. SRI. LINGARAJU H. K S/O. SRI RANGANNA AGED ABOUT 46 YEARS 3. SRI. VIJAYAKUMAR S/O. SRI. MAHADEVAPPA AGED ABOUT 44 YEARS ALL ARE RESIDING AT HALASINANAGENAHALLI, M. N. KOTE POST, NITTUR HOBLI, GUBBI TALUK, TUMAKURU - 572 222. …PETITIONERS (BY SRI. GNANESH N.I, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 AND: 1. STATE OF KARNATAKA THROUGH CHELUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. SMT. REKHA H. K. W/O. LATE SRI. RANGAPPA AGED 35 YEARS R/AT DUSTESWARA EXTENSION, CHELUR VILLAGE, GUBBI TALUK, TUMAKURU - 572 222. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.99/2025 REGISTERED BY THE FIRST RESPONDENT CHELUR POLICE AGAINST THEM FOR THE OFFENCES P/U/S 74, 75(2), 115(2), 118(1), 329(3), 351(2), 352, 3(5) OF THE BNS, 2023, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, GUBBI, TUMAKURU. IN CRL.P NO. 7515/2025 BETWEEN: 1. SRI. MANJUNATHA H.K S/O. LATE KEMPEGOWDA AGED ABOUT 47 YEARS R/AT. HALASINA NAGENAHALLI NITTURU HOBLI, GUBBI TALUK - 572 223 TUMAKURU DISTRICT. - 3 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 2. SMT. MEENAKSHI H. K. D/O. LATE. KEMPEGOWDA W/O. SIDDRAJU K.R. AGED ABOUT 34 YEARS R/AT. KODIYALA, GUBBI TALUK - 572 117 TUMAKURU DISTRICT. 3. SMT. KEMPARAJAMMA D/O. LATE. KEMPEGOWDA W/O. ANANDAKUMAR AGED ABOUT 42 YEARS R/AT. HALASINA NAGENAHALLI NITTURU HOBLI. GUBBI TALUK- 572 223 TUMAKURU DISTRICT. 4. SRI. ANANDAKUMAR S/O. CHANNARAYAPPA AGED ABOUT 58 YEARS R/AT. HALASINA NAGENAHALLI VILLAGE NITTURU HOBLI, GUBBI TALUK - 572 223 TUMAKURU DISTRICT. 5. SMT. REKHA H.K D/O. LATE. KEMPEGOWDA W/O. LATE. RANGAPPA AGED ABOUT 40 YEARS R/AT. CHELURU, GUBBI TALUK TUMAKURU DISTRICT - 572 117. 6. SRI. MADAN H.A. S/O. ANANDKUMAR AGED ABOUT 24 YEARS R/AT. HALASINA NAGENAHALLI NITTURU HOBLI, GUBBI TALUK - 572 223 TUMAKURU DISTRICT. - 4 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 7. SMT. PARVATHAMMA W/O. LATE. KEMPEGOWDA AGED ABOUT 91 YEARS R/AT. HALASINA NAGENAHALLI NITTURU HOBLI, GUBBI TALUK- 572 223 TUMAKURU DISTRICT. 8. SRI. NAVEENKUMAR S.N. S/O. NARASIMHAMURTHY AGED ABOUT 25 YEARS R/AT. SAGASANDRA VILLAGE NITTURU HOBLI, GUBBI TALUK- 572 223 TUMAKURU DISTRICT. ...PETITIONERS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY CHELUR POLICE STATION, GUBBI TALUK, TUMAKURU DISTRICT - 572 222. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. CHANDRASHEKARAIAH S/O. LATE. SREEKANTAPPA AGED ABOUT 46 YEARS R/AT. HALASINAMARADA NAGENAHALLI NITTURU HOBLI, GUBBI TALUK - 572 222 TUMAKURU DISTRICT. ...RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. GNANESH N.I, ADVOCATE FOR R2) - 5 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.97/2025 REGISTERED BY THE 1ST RESPONDENT CHELURU P.S. FOR THE ALLEGED OFFENCE P/U/S 115(2), 118(1), 351(2), 315(3) R/W 3(6) OF BNS REGISTERED ON THE COMPLAINT OF THE 2ND RESPONDENT PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT GUBBI TUMAKURU DISTRICT. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Both these petitions arise out of a case and counter-case. The petitioners in Crl.P.No.10447/2025 seek quashing of the proceedings in Crime No.99/2025, contending that the said complaint lodged by respondent No.2/complainant is nothing but a counterblast to the earlier complaint and that there is an unexplained delay of two days in its registration, rendering it an afterthought. Similarly, the petitioners in Crl.P.No.7515/2025 also seek quashing of the - 6 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 proceedings in Crime No.97/2025 arising out of the counter-complaint. 2. I have heard learned counsel for the parties and given my anxious consideration to the rival complaints which have culminated in the registration of the aforesaid crimes. 3. The records reveal that the petitioners in Crl.P.No.10447/2025 lodged a complaint on the very next day of the alleged incident, thus being prior in point of time. On the other hand, the complaint lodged by the petitioners in Crl.P.No.7515/2025 was registered two days after the incident. Both complaints contain allegations of physical assault and abuse in filthy language. It is also not in dispute that the petitioners in Crl.P.No.7515/2025 have instituted a bare suit for injunction, which is pending - 7 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 in O.S.No.317/2023, wherein a written statement has already been filed. 4. The materials on record further indicate that both parties admit their presence at the scene of occurrence on the date of the alleged incident. In a situation involving a case and counter-case, it is for the prosecution to establish which party was the aggressor, and the nature of injuries, if any, sustained by either side can only be proved through medical and other evidence during trial. Since the occurrence itself is not disputed, and two separate complaints have given rise to two corresponding crimes, this Court is of the considered opinion that it would be premature to interdict the proceedings at this stage. 5. The pendency of a civil suit between the parties, by itself, cannot eclipse the criminal law once allegations of assault and abusive conduct are made. - 8 - HC-KAR NC: 2025:KHC:33345 CRL.P No. 10447 of 2025 C/W CRL.P No. 7515 of 2025 The aspect of delay in lodging one of the complaints is a matter that can be urged and tested before the trial Court during the course of evidence. For the foregoing reasons, both the petitions are devoid of merit and stand dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 22 CT: BHK