- 1 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 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. 22412 OF 2025 (GM-RES) BETWEEN: 1. SMT. VEENA AGED ABOUT 31 YEARS D/O MAHESH NAIK 2. SMT. AKKAYYA AGED ABOUT 57 YEARS W/O ANNAYYA NAIK 3. SMT. MAMATHA NAIK AGED ABOUT 31 YEARS W/O ANNAYYA NAIK 4. SRI. MAHENDRA NAIK AGED ABOUT 31 YEARS S/O ANNAYYA NAIK 5. SRI. MAHESH NAIK AGED 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) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 AND: 1. STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. KRISHNA NAIK AGED 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 21.06.2024 AND CONSEQUENTLY TO QUASH ENTIRE PROCEEDINGS IN CRIMINAL CASE NO.805/2024 PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC, UDUPI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 341, 323, 504, 506 AND 149 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.805/2024 for the offence punishable under Sections 143, 147, 341, - 3 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 323, 504, 506 and 149 of IPC pending on the file of the 1st Additional Civil Judge and JMFC, Udupi. 2. This Court deems it fit to extract the contents of the charge sheet and the same is culled out as under; "ಈ ೋಾೋಪ ಾ ಪಯ ಕಮ ಸಂೆ 12 ರ ೆಸರು ಾಸ ನಮೂದ ಆ!ಾ"ೆ-1#ೇ $ೕ ಾ #ಾಯ%, ಆ!ಾ"ೆ-2#ೇ ಅಕ%ಯ #ಾಯ%, ಅ!ಾ"ೆ-3#ೇ ಮಮ"ಾ, ಅ!ಾತ-4#ೇ ಮೇಂದ ಾಗೂ ಅ!ಾತ-5#ೇ ಮೇಶರವರು #ಾಂಕ: 03.05.2024 ರಂದು 11:45ಗಂ,ೆ-ೆ .ಾ£Àå ಘನ #ಾ0ಾಲಯದ 2ಾ$3ಯ 4ಾಡೂರು -ಾಮದ ಮಂ6ಾ7 8ೕಲ9#ೆ ಎಂಬ <ಾ=-1#ೇಯವರು <ಾ=-5#ೇ $ೕಣ #ಾಯ%ರವ?-ೆ ಸಂಬಂ@ದ ಸ2ೆA ನಂಬgï 12/9ರನ ಅ74ೆ "ೆಂBನ ಮರಗಳ ಬುಡ4ೆ% <ಾ=-5#ೇಯವರ ಸೂಚ#ೆಯಂ"ೆ <ೊಪEF ಾಕುG3ರುವ ಸಮಯ ಅ!ಾತರು ಸ.ಾನ ಉೆIೕಶಂದ ಅಕಮಕೂಟ <ೇ?4ೊಂಡು ಬಂದು <ಾ=-1#ೇಯವರನುK ಅ74ೆ "ೆಂBನ ಮರಗಳ ಬುಡ4ೆ% <ೊಪEF ಾಕದಂ"ೆ ಅಡLಗ ತ6ೆದು M <ಾ=-1#ೇಯವರನುK ಉೆIೕN '0ಾ4ೆ Mೕನು ಅ74ೆ BಡಗO-ೆ ಬುಡ .ಾಡುವEದು, $Pಯ #ಾಯ%#ೆ ಬರ, Mನ-ೆ 0ಾ4ೆ, ಗG ಇಲದವ RೇವA Mೕನು ೊಡL ಜನ2ಾ ಎಂದು ಅ2ಾಚ ಶಬIಗOಂದ RೈದುI, ಅ!ಾತಾದ ಮೇಶ ಾಗೂ ಮೇಂದ RೇವA RೋO ಮಗ#ೆ Mನ-ೆ ಈನ ಒಂದು ಗG 4ಾPಸು"ೆ3ೕ2ೆ ಎಂದು Rೆದ?4ೆ ಾV ೊ6ೆಯಲು ಬಂಾಗ <ಾ=-1#ೇಯವರು ಮ#ೆಯ ಕ6ೆ-ೆ ಓ7 ಬರುG3ರು2ಾಗ ಅವರನುK XಂRಾ4ೊಂಡು ಬಂದು ಗೆIಯ ಅವರನುK X7ದು 4ೈYಂದ ಮುಖ4ೆ%, RೆMK-ೆ ೊ6ೆದು ಅವರನುK #ೆಲ4ೆ% ದೂ7 ಾV 4ಾMಂದ ತುOದು ಹ\ೆ .ಾ7ರುವEಾBೆ. ಆದುದ?ಂದ ಆ!ಾತರು ಕಲಂ 143, 147, 341,323, 504, 506, 149 ಐ$ ರಂ"ೆ N^ಾಹA#ಾBರು"ಾ3ೆ." - 4 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 3. The gist of the written complaint lodged by respondent No.2 – complainant is that on 03.05.2024, between 11.45 a.m. and 12.00 noon, while he was engaged in applying manure to the areca nut trees situated in the disputed land, the petitioners allegedly came to the spot and abused him in filthy language. It is further alleged that when the complainant attempted to run away to protect himself, petitioner Nos.4 and 5 chased him, physically assaulted him, and extended life threats. Based on this version of events, the complaint came to be lodged by respondent No.2 on the following day, i.e., 04.05.2024, resulting in registration of the present crime. 4. On a plain reading of the complaint and the offences alleged therein, this Court finds that the incident complained of has arisen in the background of a long- standing civil dispute between the parties, which is already the subject matter of adjudication in O.S.No.78/2025, a comprehensive partition suit pending before the Civil Court. The allegations of unlawful assembly, wrongful - 5 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 restraint, and assault are nothing but an extension of the same civil dispute over the enjoyment and possession of joint family properties. When the title and possession of the suit schedule properties are sub judice before the competent Civil Court, the attempt to give a criminal colour to the dispute by invoking provisions under Sections 143, 147, 341, 323, 504, 506 read with 149 IPC, cannot be countenanced. 5. Be that as it may, the records also disclose that multiple FIRs have been lodged by different members of the same family, one against the other, arising out of the very same property dispute. Such complaints appear to be nothing but counterblasts, filed with the sole intention of exerting pressure on each other in the pending civil proceedings. The criminal law is thus being misused to settle private scores between family members, which amounts to an abuse of process of law. - 6 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 6. This Court, therefore, is of the firm view that continuation of the present criminal proceedings would serve no useful purpose and would only result in multiplicity of litigation, harassment, and wastage of judicial time. Since the issues between the parties are already the subject matter of the partition suit before the Civil Court, the appropriate course for the complainant is to work out his remedies therein, rather than resorting to repeated criminal complaints. To secure the ends of justice and prevent abuse of process, this Court deems it just and proper to exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash the impugned proceedings. 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The petition is allowed. (ii) All further proceedings in C.C.No.805/2024, arising out of Crime - 7 - HC-KAR NC: 2024:KHC:53456 WP No. 22412 of 2025 registered by the Brahmavar Police Station and now pending on the file of the I Additional Civil Judge and JMFC, Udupi, for the alleged offences punishable under Sections 143, 147, 341, 323, 504, 506 and 149 of the IPC, are hereby quashed insofar as the petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1