- 1 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 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. 1246 OF 2024 BETWEEN: 1. PINIYA NAIK S/O LATE MADHA NAIK AGED ABOUT 63 YEARS 2. NANDA KISHORE S/O. PINIYA NAIK AGED ABOUT 27 YEARS 3. KRISHNA NAIK S/O. LATE SOMA NAIK AGED ABOUT 50 YEARS 4. POORNITHA W/O. NANDA KISHORE AGED ABOUT 26 YEARS PETITIONERS NO. 1 TO 4 ARE RESIDING AT MUNDADY MELMANE KADOOR GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576 234. …PETITIONERS (BY SRI. BALAKRISHNA .M.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVARA PS UDUPI DISTRICT Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001. 2. VEENA W/O. MAHESH NAIK AGED ABOUT 29 YEARS R/AT MUNDADI MELMANE KADOOR GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576 234. …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.253/2023 DATED 29.12.2023 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI FOR THE ALLEGED OFFENCES P/U/S.341, 323, 354, 504, 506 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT NO.1/BRAHMAVAR P.S., BASED ON THE COMPLIANT 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.253/2023 for the offences punishable under Sections 341, 323, 354, 504, 506 read with Section 34 of IPC - 3 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 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:28.12.2023 ರಂದು ಮ(ಾ)ಹ+ 12.30 ಗಂ-ೆೆ ಆೋ/ಗ0ಾದ 1 ೇ /1ಯ ಾಯ3, 2 ೇ ನಂದ4ೕ5ೆ6ೕರ, 3 ೇ ಕೃಷ9 ಾಯ3 4ೇ ಪ:1 ಾ ಎಂಬವರು ೇ; ಾ 'ಯ ಮೆಯ ಬ< ಇರುವ ಾ 'ಯ ಗಂಡನವರ /ಾ> ತ @Aಾ@Bಯ%&ರುವ ಸAಳವನು+ ಮೆಯವರ ಅನುಮF ಇಲ&Gೇ Hೆ.@.I ಸಾಯ'ಂದ ಸಮತಟುKೊ<ಸುFBದುL, ಈ ಬೆN ಾ 'ಯು ಆೋ/ಗಳ%& ಾೆ Oೕೆ PಾಡುFBೕ;? ಎಂದು ೇ<ದLೆ3 1ೇ ಆೋ/ಯು ಉ<ದ ಆೋ/ಗ0ೆRಂ'ೆ ೇ;ೊಂಡು ಾ 'ಯನು+ ಅಕಮಾS ಮುಂGೆ ೋಗದಂೆ ತ ೆೊ<@, ಅವರ ಕುFBೆಯನು+ ಬಲಾS ಅದುT ೊಲ&ಲು ಪಯF+@ದುL, ಆಗ ಾ 'ಯು ಅವರ ೈVಂದ ಬಲಾS ಆೋ/ಯನು+ ದೂ!Gಾಗ, 2ೇ ಆೋ/ಯು ಾ 'ೆ ೈVಂದ ಬಲಾS ೆೆ+ೆ ೊ ೆ'ರುಾBೆ. ಅGೇ ಸಮಯ ಇತರ ಆೋ/ಗಳW ಾ 'ಯನು+ ಮುಂGೆ ೋಗದಂೆ ತ ೆೊ<@ದLಲ&Gೆ, ಅವ;ೆ ಇನೂ+ ಸಹ ೊ ೆ ಎಂದು ಸಹಕ;@ರುಾBೆ. ಆಗ ಗXಾ-ೆ ೇ< ಅ%&ೆ ಾ 'ಯ ಮೆಯವರು ಬಂGಾಗ ಆೋ/ಗಳW ಾ 'ೆ ಅಾಚ) ಶಬLಗ<ಂದ Zೇಾ@ , ರಂ ೆ, ಸೂ0ೆ, [ೕನು ಪಂ\ಾಯF ಸದಸ)0ಾದೆ [[+ಂದ ಎನು Pಾಡ%ೆ3 ಆಗುತBGೆ ಎಂಬುವ]GಾS Zೈ'ರುವ]ದಲ&Gೆ, [ನ+ನು+ ೊಂGೆ Iಡುವ]GಾS ೊXೆ Zೆದ;ೆ ಾ4, Hೆ.@.I ೆಲಸ [%&@ ಅ%&ಂದ ೋSರುಾBೆ. ಈ ಹXೆ&Vಂದ ಾ 'ಯ ೆೆ+ೆ Zಾಸುಂ ೆ ಬಂ'ದುL, ಕುFBೆ ಅದುTರುವ]ದ;ಂದ ಕುFBೆಯ%& ಾಯಾSರುತBGೆ ಎಂIಾ)'." - 4 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 3. The substance of the written complaint lodged by respondent No.2–complainant discloses that on 28.12.2023 at about 12.30 p.m., the petitioners were allegedly engaged in leveling the land by employing a JCB in what has been described as the ancestral property of the complainant’s husband. It is stated that when respondent No.2 questioned such acts, the petitioners, in concert, formed an unlawful assembly, wrongfully restrained the complainant and allegedly squeezed her neck with an intention to take away her life. It is further alleged that when the complainant tried to resist and push away the petitioners, petitioner No.2 slapped her and that all the petitioners thereafter instigated each other to inflict further assault upon the complainant. It is also alleged that the petitioners abused the complainant in filthy language and extended threats to kill her. 4. A close examination of the complaint reveals that the allegations made therein are of a stereotypical nature, which are also found replicated in other criminal cases - 5 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 arising out of the disputes between the same family members that are already pending before this Court in a batch of petitions. The records clearly disclose that a partition suit between the family members is pending adjudication before the competent Civil Court, wherein the rights of the parties in respect of the disputed properties are under consideration. In spite of the pendency of such civil proceedings, yet another complaint has been lodged on 28.12.2023 alleging criminal acts against the petitioners. This indicates that the complaint in question is yet another attempt to misuse criminal law as a weapon to settle civil and family disputes by projecting a scuffle as a cognizable offence. 5. It is significant to note that the alleged incident in the present case is said to have taken place on 28.12.2023, whereas in the connected matters another crime has already been registered in respect of an alleged altercation between the family members said to have occurred on 17.12.2023. This Court, upon a careful and - 6 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 closer scrutiny of the allegations in the present complaint as well as the surrounding circumstances, is more than satisfied that the family members are indulging in repeated misuse of the police machinery by lodging false and frivolous complaints with an oblique motive. What is more unfortunate is that the Investigating Officer, without undertaking a preliminary verification as to whether the alleged incident had in fact occurred and without taking note of the pendency of the partition suit between the parties, has proceeded to entertain the complaint and register a crime. Since the disputes between the parties are already seized of by the competent Civil Court, continuation of criminal proceedings in respect of the very same subject matter would amount to nothing but an abuse of the process of law. Therefore, in order to prevent such abuse and to secure the ends of justice, this Court finds it just and proper to quash the impugned proceedings. - 7 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1246 of 2024 6. In view of the above, this Court proceeds to pass the following; ORDER (i) The criminal petition is allowed. (ii) The proceedings in Crime No.253/2023 dated 29.12.2023, registered by Brahmavar Police Station and presently pending before the Court of the Additional Civil Judge and JMFC, Udupi, for the offences punishable under Sections 341, 323, 354, 504 and 506 read with Section 34 of IPC, are hereby quashed insofar as the petitioners are concerned. Consequently, I.A.No.1/2025 also stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1