- 1 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 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.1010 OF 2024 BETWEEN: 1. SRI. SHYAMA NAIK S/O GIRIJA BAI AGED ABOUT 43 YEARS 2. SMT. VASANTHI W/O SHYAMA NAIK AGED ABOUT 39 YEARS 3. SRI. JAYANTH NAIK S/O GIRIJA BAI AGED ABOUT 41 YEARS PETITIONERS NO. 1 TO 3 ARE RESIDING AT SINGANA KODI CHERKADY GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576215. 4. SRI. PINIYA NAIK S/O LATE MADHA NAIK AGED ABOUT 63 YEARS 5. SRI. NANDAKISHORE S/O PINIYA NAIK AGED ABOUT 27 YEARS PETITIONERS NO. 4 AND 5 ARE RESIDING AT MUNDADY MELMANE KADOOR GRAMA AND POST Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 BRAHMAVARA TALUK UDUPI DISTRICT-576234. …PETITIONERS (BY SRI. BALAKRISHNA .M.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVAR PS UDUPI DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. SMT. KASTURI D/O GOPAL NAIK AGED ABOUT 32 YEARS R/A SINGANAKODI, NILSAKALLU CHERKADY GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576215. …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.PC PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.242/2023, DATED 19.12.2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, UDUPI FOR THE ALLEGED OFFENCE P/U/S 143, 147, 427, 504, 323, 354, 506 R/W 149 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 - 3 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 ORAL ORDER This petition is filed under Section 482 of Cr.P.C seeking quashing of the proceedings pending in Crime No.242/2023 for the offence punishable under Sections 143, 147, 427, 504, 323, 354, 506 read with Section 149 of IPC pending on the file of Additional Civil Judge and JMFC, Udupi. 2. This Court deems it fit to extract the FIR contents/complaint lodged by respondent No.1 and the same is culled out as under; "ಪಕರಣದ ಾ ದುನ ಾರಂಶೆೆಂದೆ: ಾಂಕ 17.12.2023 ರಂದು ಬಾವರ ಾಲೂಕು ೇಾ ಾಮದ "ಂಗನೋ, $®ìಕ®Äè, ಎಂಬ°è ಾ &ಾರರ ಹ(ೆ ಮೆಯ ಪಕ*ದ+, -ಾ &ಾರರು ಅವರ ಗಂಡೊಂ ೆ 01ೆಕಲು,ಗಳನು3 ಾಗೂ "4ಂ5 0ೕ5 ಗಳನು3 ತಂದು ಗುಸಲು ಕಟು9ವ ಬ ೆ: ತಾ; ನ<ೆಸು=>ರುಾಗ, ಅವರ ಸಂಬಂ?ಕಾದ ಆೋ- 1ೇ AಾBಮ ಾAiÀÄÌ, 2ೇ ವಸಂ=, 3ೇ ಜಯಂತ ಾಯ*, 4ೇ -Dಯ ಾಯ*, 5ೇ ನಂದEAೆFೕರ ಎಂಬವರು ಏಾ ಏE ಾ;ನ+, ಬಂದು ಇIದು ಾ &ಾರ;ಗೂ ಅವರ ಗಂಡ$ ೆ ಾೆ $ೕವJ ಈ ಸLಳದ+, ೊಸ ಗುಸಲನು3 $M ಸು=>ರುವJದು? ಇದನು3 ಕಟ9ಲು ಾವJ NಡುವJಲ, ಎಂದು ೇI, ಾ &ಾರರು ಮೆ ಕಟ9ಲು ಉಪPೕQಸುವ ಾೆ ಾಗೂ "4ಂ5 0ೕ5 ಗಳನು3 N ಾ ಾ$ ೊI"ರುಾ>ೆ. ಈ ಬ ೆ: ಾ &ಾರರು Rೋ"&ಾಗ ಅವ; ೆ ಆೋ-ಗಳS TೇವU , ರಂ<ೆ ಎಂದು ಅಾಚB ಶಬWಗIಂದ Tೈದು, ಎ1ಾ,ರು ೇ; ಾ &ಾರರ ೈಯನು3 Yದುೊಂಡು ಾ+$ಂದ ತುIದು ೈZಂದ ೊ<ೆದು ಹ¯Éè ೊI"ರುಾ>ೆ. ಇದನು3 ©ಸಲು ಬಂದ - 4 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 ಾ &ಾರರ ಗಂಡ$ಗೂ ಸಾ ಹ=>ರ ಬಂದೆ $ನಗೂ ಸಾ ಇ&ೇ ಗ= ಆಗುತ>&ೆ ಎಂದು Tೆದ;" ೋQರುಾ>ೆ ಎಂNಾB." 3. The sum and substance of the written complaint lodged by respondent No.2 – complainant is that, on 17.12.2023, the present petitioners allegedly trespassed into the disputed property, abused her in filthy language, assaulted her by kicking, and further extended threats to her life. On the basis of the said allegations, the jurisdictional police have registered a case in Crime No.242/2023 against the petitioners for various offences under the Indian Penal Code. 4. The petitioners, on the other hand, have approached this Court contending that the complaint filed by respondent No.2 is wholly frivolous and vexatious. It is their specific grievance that though they had lodged a complaint before the jurisdictional police on the very date of the alleged incident, i.e., on 17.12.2023, narrating the high-handed acts of respondent No.2, the police authorities, in a most arbitrary and discriminatory manner, - 5 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 refused to register the same. Instead, an endorsement has been issued by the police, which is placed on record at document No.4. Strangely, however, after a lapse of two days, the police entertained the belated complaint lodged by respondent No.2 and promptly registered a crime, thereby demonstrating selective action. 5. On perusal of the records produced before this Court, it is evident that serious civil disputes are already pending consideration between the petitioners and respondent No.2, as also between other family members. It is brought on record that a comprehensive partition suit is pending adjudication in O.S.No.78/2025 before the competent Civil Court. In addition, an injunction suit in O.S.No.1475/2023 filed by petitioner No.4 has culminated in the grant of an interim order of injunction. Thus, the rights and claims over the subject property are sub judice before the Civil Courts and the appropriate forum for adjudication of such disputes is the civil court and not through criminal prosecution. - 6 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 6. Having regard to these circumstances, this Court finds it extremely unfortunate that the members of the same family are resorting to lodging frivolous criminal complaints, despite their disputes being seized of by the competent Civil Court. The conduct of the police in refusing to register the complaint lodged by the petitioners on the ground that the matter is civil in nature, and yet registering a complaint by respondent No.2 after two days on the same set of circumstances, speaks of arbitrariness and selective exercise of power. This Court is of the considered view that continuation of the criminal proceedings in such circumstances would amount to gross abuse of process of law. The allegations in the complaint lodged by respondent No.2 do not disclose any specific overt act, nor do they prima facie attract the ingredients of the alleged offences. On the contrary, they appear to have been made only with a view to harass the petitioners and to gain an upper hand in the pending civil litigation. - 7 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 7. Therefore, this Court holds that the proceedings in Crime No.242/2023 are liable to be quashed on twin grounds – firstly, that the disputes between the parties are essentially civil in nature and are already pending before competent courts; and secondly, that the complaint of respondent No.2, being lodged after two days, is evidently frivolous and has been selectively entertained by the police authorities, despite having refused to register the petitioners’ complaint on the very same day. Accordingly, this Court deems it appropriate to quash the proceedings, while at the same time cautioning both sides not to unnecessarily involve the police machinery in matters which are purely civil and pending adjudication before civil courts. 8. In view of the above, this Court proceeds to pass the following ORDER (i) The Criminal Petition is allowed. - 8 - HC-KAR NC: 2025:KHC:33504 CRL.P No. 1010 of 2024 (ii) The proceedings in Crime No.242/2023 registered by the Brahmavar Police Station, now pending on the file of the Additional Civil Judge and JMFC, Udupi, for offences punishable under Sections 143, 147, 427, 504, 323, 354, 506 read with Section 149 of IPC, are hereby quashed insofar as the present petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7