- 1 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 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. 993 OF 2024 BETWEEN: 1. SRI. PINIYA NAIK S/O LATE MADHA NAIK AGED ABOUT 62 YEARS 2. SMT. SUMATHI BAI W/O PINIYA NAIK AGED ABOUT 54 YEARS 3. SMT. RATHNA BAI W/O LATE SOMA NAIK AGED ABOUT 75 YEARS 4. SRI. KRISHNA NAIK S/O LATE SOMA NAIK AGED ABOUT 50 YEARS 5. SRI. NANDA KISHORE S/O PINIYA NAIK AGED ABOUT 28 YEARS PETITIONERS NO. 1 TO 5 ARE RESIDING AT MUNDADY MELMANE KADOOR GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576234. 6. SRI. SHAMA NAIK S/O LATE GOPAL NAIK AGED ABOUT 48 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 7. SMT. VASANTHI BAI W/O SHAYM NAIK AGED ABOUT 40 YEARS PETITIONERS NO. 6 AND 7 ARE RESIDING AT NILSAKAL CHERKADY GRAMA, PETHRI POST BRAHMAVARA TALUK UDUPI DISTRICT-576234. …PETITIONERS (BY SRI. BALAKRISHNA .M.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVAR PS, UDUPI DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. SMT. VEENA NAIK W/O MAHESH NAIK AGED ABOUT 29 YEARS RESIDING AT MUNDADI MELMANE KADOOR GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576234. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. K. PRASANNA SHETTY, ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN CR.NO.16/2024 DATED 15.01.2024 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI FOR THE ALLEGED OFFENCE P/U/S. 324, 109 R/W SEC.149 OF IPC REGISTERED BY THE - 3 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 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.0016/2024 for the offence punishable under Sections 324, 109 read with 149 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; "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 1ೇ ಆೋ-ೆ -ಾ '.ಾರರ ಾ/ಯನು0 ತ ೆದು ;ೕನು ಮುದು<, ಾೆ ಅ!ೆ ೆಕು3=>ರುೆ? ಎಂದು ೇ) ಏಾಏ<ಾ@ ಕ%&;ಂದ, ಹೂನ ಕುಂಡ'ಂದ ಮತು> ಹಂ2ನ ತುಂಡುಗ)ಂದ - 4 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 ೊ ೆ'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., when she was proceeding to wash clothes, she was allegedly intercepted at the instance of petitioner No.1. It is stated that, acting in furtherance of their common intention, all the accused instigated one Rathna Bai by handing over a wooden club to her and directed her to cause harm to the complainant. Pursuant thereto, Rathna Bai is alleged to have followed the complainant and attempted to assault her with the said club. It is further alleged that while the complainant tried to ward off the assault, in the ensuing scuffle she - 5 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 sustained injuries to her left hand and fell down. Thereafter, when she attempted to flee from the spot, all the accused allegedly pushed her, causing her to sustain additional injuries. Immediately thereafter, she claims to have approached the Government Hospital for treatment and subsequently lodged the present complaint. 4. The petitioners contend that the complaint has been lodged belatedly, after a lapse of two days from the date of the alleged incident, thereby casting serious doubt on its veracity. It is their categorical case that the complaint is frivolous and filed only with an ulterior motive to harass them. 5. The material on record further reveals that as many as eleven complaints have been filed, from time to time, by the petitioners, respondent No.2, and other family members, each narrating different incidents. These complaints are being lodged despite the fact that a comprehensive partition suit in O.S.No.78/2025 is already pending between the very same family members before - 6 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 the competent Civil Court. It is also borne out from the records that, in addition to the partition proceedings, two injunction suits are pending between certain members of the family. The filing of successive criminal complaints on different dates by members of the same family, despite pendency of civil proceedings, prima facie indicates an attempt to misuse the police machinery and convert a civil dispute into criminal litigation. 6. On a careful consideration of the complaint averments, this Court is of the opinion that the allegations are stereotypical in nature and are part of a series of complaints repeatedly lodged by the family members against each other. What essentially is a civil dispute regarding partition and possession of family properties is being given the colour of a criminal case with the sole intention of exerting pressure and creating harassment. The tendency to invoke the criminal jurisdiction of the police and the Courts in matters which are predominantly civil in nature has to be curbed in order to prevent abuse - 7 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 of process of law. Since the rights of the parties are already the subject matter of adjudication in the comprehensive partition suit pending before the Civil Court, continuation of the present proceedings would serve no fruitful purpose and would only perpetuate harassment. 7. This Court is, therefore, more than satisfied that the present complaint, like the earlier ones, is a frivolous exercise undertaken by the complainant and her family members to unnecessarily drag the petitioners into criminal proceedings. The filing of such successive complaints amounts to a clear abuse of process of law. Accordingly, this Court deems it fit to exercise its inherent powers to secure the ends of justice by quashing the impugned proceedings. 8. In view of the above, this Court proceeds to pass the following; - 8 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 993 of 2024 ORDER (i) The petition is allowed. (ii) The proceedings in Crime No.16/2024 registered by the Brahmavar Police Station, which are now pending on the file of the Additional Civil Judge and JMFC, Udupi, for the alleged offences punishable under Sections 324, 109 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