- 1 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.12667 OF 2025 (GM-RES) C/W WRIT PETITION NO.25152 OF 2024 (GM-RES) WRIT PETITION NO.1311 OF 2025 (GM-RES) IN WP.NO.12667/2025: BETWEEN: SRI VINAY KRISHNA H.V. S/O.LATE H.V.NANDAKUMAR AGED ABOUT 35 YEARS R/AT NAGA REMINGTON NO.81, 4TH MAIN ROAD 13TH AND 15TH CROSS MALLESWARAM BENGALURU-560 003 …PETITIONER (BY SRI T.S.CHANDRAPRABHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MALLESWARAM POLICE STATION MALLESWARAM BENGALURU-560 003 REP. BY PUBLIC PROSECUTOR OFFICE IS ATTACHED TO HON'BLE HIGH COURT OF KARNATAKA 2. PROFESSOR DR.DHIRENDRA V.KUBAIR S/O.LATE PROFESSOR DR.V.G.KUBAIR AGED ABOUT 54 YEARS R/AT NO.81/1 'PROFESSOR V.G.KUBAIR'S APARTMENTS' 4TH MAIN ROAD, MALLESWARAM BENGALURU-560 003 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 3. MRS.BHAGYASHREE KUBIAR W/O.PROFESSOR DR.DHIRENDRA V.KUBAIR AGED ABOUT 51 YEARS R/AT NO.81/1 'PROFESSOR V.G.KUBAIR'S APARTMENTS' 4TH MAIN ROAD, MALLESWARAM BENGALURU -560 003 …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; PROF.DR.DHIRENDRA V.KUBAIR, R-2/PARTY-IN-PERSON; SMT.BHAGYASHREE KUBAIR, R-3/PARTY-IN-PERSON) THIS WRIT PETITION IS FILED UDNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE FIR FILED BY R-1-POLICE IN CRIME NO.11/2025 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(4) AND 79 OF BHARATIYA NYAYA SANHITA, 2023 WHICH IS PENDING BEFORE XXXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU VIDE ANNEXURES-A AND B. IN WP.NO.25152/2024: BETWEEN: 1. PROFESSOR DR.DHIRENDRA V.KUBAIR S/O.LATE PROFESSOR DR.V.G.KUBAIR AGED ABOUT 53 YEARS 81/1, "PROFESSOR V.G.KUBAIR'S APARTMENTS" 4TH MAIN ROAD, MALLESHWARAM BENGALURU-560 003 CELLULAR PHONE:82776-44621 EMAIL:dv.kubair@gmail.com 2. MRS.BHAGYASHREE KUBAIR W/O.PROFESSOR DR.DHIRENDRA V.KUBAIR AGED ABOUT 48 YEARS - 3 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 81/1, "PROFESSOR V.G.KUBAIR'S APARTMENTS" 4TH MAIN ROAD, MALLESHWARAM BENGALURU-560 003 CELLULAR PH:8277562621 EMAIL:bagi5576@gmail.com ...PETITIONERS (BY PROFESSOR DR.DHIRENDRA V.KUBAIR & SMT.BHAGYASHREE KUBAIR, PARTIES-IN-PERSON) AND: 1. STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION BENGALURU-560 003 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR (SPP) HIGH COURT BUILDING BENGALURU-560 001 2. MR.VINAY KRISHNA NO.81, 'NAGA REMINGTON' 4TH MAIN ROAD MALLESWARAM BENGALURU-560 003 ... RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI CHANDRAPRABHA T.S., ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UDNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE NCR.82/2024 DATED 08.08.2024 BY THE RESPONDENT (PRODUCED AS ANNEXURE-E) ARISING OUT OF HANDWRITTEN COMPLAINT DATED 08.08.2024 OF PETITIONER NOS.1 AND 2 (PRODUCED AS ANNEXURE-C). - 4 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 IN WP NO.1311/2025: BETWEEN: 1. PROFESSOR DR.DHIRENDRA V.KUBAIR S/O.LATE PROFESSOR DR.V.G.KUBAIR AGED ABOUT 53 YEARS 81/1, "PROFESSOR V.G. KUBAIR'S APARTMENTS" 4TH MAIN ROAD, MALLESHWARAM BENGALURU-560 003 CELLULAR PHONE: 82776-44621 EMAIL: dv.kubair@gmail.com 2. MRS.BHAGYASHREE KUBAIR W/O.PROFESSOR DR.DHIRENDRA V.KUBAIR AGED ABOUT 48 YEARS 81/1, "PROFESSOR V.G.KUBAIR'S APARTMENTS" 4TH MAIN ROAD, MALLESHWARAM BENGALURU-560 003 CELLULAR PH: 8277562621 EMAIL: bagi5576@gmail.com ...PETITIONERS (BY PROFESSOR DR.DHIRENDRA V.KUBAIR & MRS.BHAGYASHREE KUBAIR, PARTIES-IN-PERSON) AND: 1. STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION BENGALURU-560003 REP. BY SPECIAL PUBLIC PROSECUTOR (SPP) HIGH COURT BUILDING BENGALURU-560 001 2. MR.RAMANNA S/O.MR.PONNASWAMY AGED ABOUT 56 YEARS NO.1, 11TH CROSS JAI MARUTHI NSAGARA - 5 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 NANDINI LAYOUT BENGALURU-560 096 CELLULAR NO.8904371982 … RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE FIR IN CRIME NO.12/2025 DATED 16/01/2025 VIDE ANNEXURE-N BASED ON THE COMPLAINT OF R-2 DATED 16/01/2025 (WHICH IS NOT AVAILABLE TO P-1 AND P-2). THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In WP.No.12667/2025, the petitioner seeks the following reliefs: "Wherefore, for the grounds urged and to be urged if any at the time of hearing, the Petitioner herein above named prays that this Hon'ble Court be pleased to quash the First Information Report filed by the first respondent Police in Crime No.11/2025 against the Petitioner for the offence punishable Under Sections 329(4), 79 of Bharatiya Nyaya Sanhita, which is pending before the XXXII - 6 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 Addl. Chief Judicial Magistrate at Bangalore, the Annexure A & B, to meet the ends of justice." 2. In WP.No.25152/2024, the petitioners/parties-in- person seek the following reliefs: "WHEREFORE the Petitioner, humbly prays that this Hon'ble Court be pleased to: Issue a writ of CETIORARIFIED-MANDAMUS or any other writ, in order to QUASH the NCR 82/2024 DATED: 08-08-2024 by the Respondent [produced as ANNEXURE-E] arising out of the Petitioners Nos.1 & 2 handwritten complaint dated: 08-08-2024 [produced as ANNEXURE-C], and direct the Respondent Malleshwaram Police of Deputy Commissioner of Police North Bengaluru to: REGISTER THE FIR AND INVESTIGATE FOR THE COGNIZABLE CRIMES UNDER S115, S126, S131 R/W S3(5) BHARATIYA NYAY SANHITA 2023 AGAINST THE FOLLOWING ACCUSED: [1] MR.VINAY KRISHNA H.V, 81 "NAGA REMINGTON", 4TH MAIN MALLESHWARAM BANGALORE 560003. [2] MR.NAGARAJ, ASSOCIATE OF ACCUSED NO.1 & - 7 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 [3] SHIFT SECURITY GUARD OF NAGA REMINGTON OWNED BY ACCUSED NO.1, WHO WAS PRESENT ON 08-08-2024 AT AROUND 16:14 HRS. Grant such other relief/s as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 3. In WP.No.1311/2025, the petitioners/parties in- person seek the following reliefs: "WHEREFORE the Petitioner, humbly prays that this Hon'ble Court be pleased to: Issue a writ of CETIORARI or any other writ, in order to QUASH the [ANNEXURE-N] FIR 12/2025 DATED: 16-01-2025 based on Respondent No. 2s complaint Dated: 16-01- 2025 [which is not available to the Petitioners Nos. 1 & 2]. Grant such other relief/s as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 4. Heard learned counsel for petitioner in WP.No.12667/2025 and respondent Nos.2 and 3-parties in person, who are also the petitioners in WP.Nos.25152/2024 and 1311/2025 and perused the - 8 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 material on record. In WP.No.25152/2024, Sri Chandraprabha T.S., learned counsel accepts notice on behalf of respondent No.2-Mr.Vinay Krishna. 5. A perusal of the material on record would indicate that the petitioners/parties-in-person in WP.No. 25152/2024 are also the petitioners in WP.No.1311/2025 and respondent Nos.2 and 3 in WP.Nos.12667/2025, which is filed by Sri Vinay Krishna H.V., who is the contesting respondent in WP.No.25152/2024. 6. The petitioners/parties-in-person as well as learned counsel for Sri Vinay Krishna H.V., the petitioner in WP.No.12667/2025 as well as Sri Vinay Krishna H.V., himself who is the physically present, jointly submit that all the aforesaid three petitions may be closed by quashing the FIR and counter FIR filed against each other by relegating the parties to workout their remedies before the Civil Court, BBMP, in the Writ Petitions and Writ Appeals - 9 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 pending between the parties by leaving open all contentions. 7. It is also submitted by all the parties and the learned counsels that the parties being neighbours, without prejudice to their rights and contentions before the Civil Court, BBMP, in Writ Petitions and Writ Appeals etc., they would endeavour to maintain peace and harmony amongst each other and live peacefully without invading the privacy of one another and all rival contentions may be kept open to be considered before the Civil Court, BBMP, in Writ Petitions and Writ Appeals etc. 8. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of all the petitions by issuing directions. 9. In the result, I pass the following: ORDER i) In W.P.No.12667/2025, the impugned proceedings in FIR in Crime No.11/2025 registered by Malleshwaram Police Station, on the file of XXXII - 10 - HC-KAR NC: 2025:KHC:26633 WP No. 12667 of 2025 C/W WP No. 25152 of 2024 WP No. 1311 of 2025 Additional Chief Judicial Magistrate, Bengaluru, qua the petitioner are hereby quashed; ii) In WP.No.1311/2025, the impugned proceedings in FIR in Crime No.12/2025 registered by Malleshwaram Police Station, qua the petitioners are hereby quashed; iii) In view of disposal of W.P.No.12667/2025 and W.P.No.1311/2025, W.P.No.25152/2024 does not survive for consideration and the same stands disposed of. iv) All rival contentions between the parties are kept open and no opinion is expressed on the same. v) The parties are relegated to workout their remedies before the Civil Court, BBMP, in Writ Petitions and Writ Appeals etc. Sd/- (S.R.KRISHNA KUMAR) JUDGE LB/SRL List No.: 1 Sl No.: 2