- 1 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 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. 22451 OF 2025 (GM-RES) BETWEEN: 1. SMT. VEENA NAIK AGE ABOUT 31 YEARS D/O MAHESH NAIK 2. SMT. AKKAYYA NAIK AGE ABOUT 57 YEARS W/O ANNAYYA NAIK 3. SRI. MAHENDRA NAIK AGE ABOUT 31 YEARS S/O ANNAYYA NAIK 4. SRI. MAHESH NAIK AGE ABOUT 33 YEARS S/O ANNAYYA NAIK ALL ARE RESIDING AT MUNDADI MELMANE KADOOR VILLAGE, BRAHMAVARA TALUK UDUPI DISTRICT - 576234. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 of 2025 HIGH COURT BUILDING BENGALURU-560001. 2. KRISHNA NAIK AGE ABOUT 48 YEARS S/O LATE SOMA NAIK R/O MUNDADI MELMANE, KADOOR 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 CHARGE SHEET DATED 02.10.2024 AND CONSEQUENTLY TO QUASH ENTIRE PROCEEDINGS IN CRIMINAL CASE NO. 1078/2024 PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC, UDUPI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 341, 504, 506 R/W 34 OF IPC (ANNEXURE-A AND B), IN THE INTEREST OF JUSTICE AND EQUITY. 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 C.C.No.1078/2024 for the offence punishable under Sections 324, 341, 504, 506 read with Section 34 of IPC pending on the file of the 1st Additional Civil Judge and JMFC, Udupi. - 3 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 of 2025 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; "ಪಕರಣದ ಾ ದುನ ಾರಂಶೆೆಂದೆ: ಬಾವರ ಾಲೂಕು, ಾಡೂರು ಾಮದ ಮುಂ ಾ! "ೕಲೆ ಎಂಬ%& 'ಾಂಕ 13/01/2024 ರಂದು (ೆ)ೆ* 09.00 ಗಂ,ೆೆ -ಾ '.ಾರರ ಾ/ ರಾ0 (ಾ/ (75ವಷ ) ಎಂಬವರು -ಾ '.ಾರರ 2ಕ3ಪ4 -5ಾ ಾಯ3ರವರ ಅ!ೆ ೋಟದ%& ಅ!ೆ ೆಕ3ಲು ೋ.ಾಗ 1 ೇ ಆೋ-ೆ -ಾ '.ಾರರ ಾ/ಯನು0 ತ ೆದು ;ೕನು ಮುದು<, ಾೆ ಅ!ೆ ೆಕು3=>ರುೆ? ಎಂದು ೇ) ಏಾಏ<ಾ@ ಕ%&;ಂದ, ಹೂನ ಕುಂಡ'ಂದ ಮತು> ಹಂ2ನ ತುಂಡುಗ)ಂದ ೊ ೆ'ರುಾ>ೆ. ಆಗ ಉ)ದ ಆೋ-ಗಳD ೇE -ಾ '.ಾರರನು0 ಅವರ ಾ/ ಬ) ೋಗಲು Fಡ.ೇ ಇನು0 ಸಹ ೊ ೆ ಎಂದು ಸಹಕEIರುಾ>ೆ ಾಗೂ 1 Eಂದ 5ೇ ಆೋ-ತರುಗಳD ೇE ;ೕವJ ಸೂKೆ, (ೇವI ಎಂದು -ಾ '.ಾರEೆ ಮತು> ಅವರ ಾ/ೆ (ೈ'ದMಲ&.ೇ, ೊಲ&.ೇ FಡುವJ'ಲ&ೆಂದು ಎಂದು (ೆದEIರುಾ>ೆ. ಅಲ&.ೇ 1 ಮತು> 3 ೇ ಆೋ-ತರು ೇE ಾೇ ಮತು> .ೊNೆO/ಂದ -ಾ '.ಾರರ ಾ/ಯನು0 ೊPೆ Qಾಡಲು ಮುಂ.ಾ@ರುಾ>ೆ. ಈ ಹPೆ&/ಂದ ಾ '.ಾರರ ಾ/ ರಾ0 (ಾ/ಯವEೆ =ೕವ ಾಯಗKಾ@ರುತ>.ೆ ಎಂFಾS' ." 3. The gist of the written complaint lodged by respondent No.2 – complainant is that on 13.01.2024 at about 9.30 a.m., while the complainant’s mother was carrying areca nut in the disputed land, petitioner No.1 allegedly arrived at the spot, abused her in filthy - 4 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 of 2025 language, and physically assaulted her by pelting stones. It is further alleged that when the complainant and his family members rushed to intervene and prevent the assault, the petitioners collectively manhandled them and also extended life threats. On the basis of these allegations, the present crime came to be registered against the petitioners. 4. On a close scrutiny of the records, it emerges that respondent No.2 – defacto complainant himself is facing criminal cases, as as many as three FIRs are already registered against him. The present complaint appears to be a retaliatory measure, filed by way of counterblast to the proceedings pending against him. This Court cannot lose sight of the fact that a comprehensive partition suit between the family members is already pending adjudication before the competent Civil Court. Despite such pendency, it is evident from the records that multiple FIRs are being lodged by members of the same family, each against the other, by making stereotypical allegations - 5 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 of 2025 of abuse, assault, and threat to life. The present FIR is one such instance, where the criminal process is invoked not to address a genuine offence, but to settle personal and property-related scores. 5. This Court has, in earlier connected proceedings, already quashed the complaints lodged by respondent No.2 – complainant against other family members, on the ground that the disputes between the parties are essentially civil in nature and are already sub judice in the partition suit. The present proceedings, being yet another attempt to criminalize a civil dispute, stand on the same footing. It is manifestly clear that respondent No.2 has sought to give a colour of criminality to what is essentially a civil dispute concerning family properties. 6. In these circumstances, allowing the present criminal proceedings to continue would amount to nothing but an abuse of the process of law and would cause unwarranted harassment to the petitioners. Since the - 6 - HC-KAR NC: 2024:KHC:53456 WP No. 22451 of 2025 rights of the parties in respect of the disputed properties are already being adjudicated in the civil proceedings, this Court deems it appropriate to exercise its inherent jurisdiction under Section 482 Cr.P.C. to secure the ends of justice by quashing the impugned proceedings. 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The criminal petition is allowed. (ii) The charge sheet dated 02.10.2024 and all further proceedings in C.C.No.1078/2024 pending on the file of the I Additional Civil Judge and JMFC, Udupi, for the alleged offences punishable under Sections 324, 341, 504, 506 read with Section 34 of the IPC, are hereby quashed insofar as the present petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1