- 1 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 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. 25838 OF 2025 (GM-RES) BETWEEN: 1. SMT. AKKAYYA NAIK AGED ABOUT 57 YEARS, W/O ANNAYYA NAIK, 2. SRI. MAHESH NAIK AGED ABOUT 33 YEARS, S/O ANNAYYA NAIK, 3. SRI. MAHENDRA NAIK AGED ABOUT 31 YEARS, S/O ANNAYYA NAIK, 4. SMT. MAMATHA NAIK AGED ABOUT 31 YEARS, W/O ANNAYYA NAIK, ALL ARE RESIDING AT MUNDADI MELMANE, KADOOR VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 234. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 of 2025 2. ANNAYYA NAIK AGED ABOUT 60 YEARS, S/O LATE MADHU NAIK, C/O PARVATHI, R/O BAYARABETTU, CHERKADY VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 234. …RESPONDENTS (BY SRI. M. R. PATIL, HCGP FOR R1; SRI. BALAKRISHNA M.R., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED. 26.12.2023 AND CONSEQUENTLY TO QUASH ENTIRE PROCEEDINGS IN CRIMINAL CASE NO. 312/2024 PENDING ON THE FILE OF 1ST ADDL CIVIL JUDGE AND JMFC, UDUPI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323 AND 34 OF IPC (ANNX-A AND B) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, 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.312/2024 for the offence punishable under Sections 341, 323 and 34 of IPC pending on the file of the 1st Additional Civil Judge and JMFC, Udupi. - 3 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 of 2025 2. This Court deems it fit to extract contents of the charge sheet and the same is culled out as under; "ಈ ೋಾೋಪ ಾ ಪಯ ಕಮ ಸಂೆ 12 ರ°è ೆಸರು ಾಸ ನಮೂದ ಆಾ ೆ-1!ೇ ಅಕ#ಯ !ಾಯ#, ಆಾತ-2!ೇ ªÀĺÉñÀ !ಾಯ#, ಅಾತ-3!ೇ ಮೇಂದ !ಾಯ# ಾಗೂ ಅಾತ- 4!ೇ ಮಮ ಾ !ಾಯ#ರವರು 'ಾನ ಘನ !ಾ)ಾಲಯದ +ಾ,-ಯ ಬಾ/ವರ ಾಲೂಕು +ಾರಂಬ01 2ಾಮದ !ಾ)ಾಲಯದ ಕಟಡದ ಪ5ವ67ೆ# ಾ.ೆ 66ರ ಸ68 ರ9ೆ-:ಂದ !ಾ)ಾಲಯ7ೆ# ಬರುವ ಾ;ಯ <ಲ <ೕ=ೆ !ಾಂಕ: 12.12.2023ರಂದು >ೆ02ೆ? 11:00 ಗಂ@ೆ2ೆ !ಾ)ಾಲಯ7ೆ# ಬರುA-ದB 9ಾC-1!ೇ ಅಣEಯ !ಾಯ# ರವರನುG ಅಡHಗ ತIೆದು JKL, !ೆಲ7ೆ# ದೂM ಾN 7ೈ:ಂದ ಹ=ೆL 'ಾMರುವQಾRೆ. 9ಾC-1!ೇ ಅಣEಯ !ಾಯ#ರವರು ಅಾ ೆ-1!ೇಯವರ ೆಂಡA)ಾRದುB, ಅಾತ 2 ;ಂದ 4!ೇಯವರು ಮಕ#ಾRದುB, 9ಾC- 1!ೇಯವ;2ೆ ಾಗೂ ಅಾತ;2ೆ ಸಂ9ಾ;ಕ SಾರದKL T!ಾGTಾಯ ಉಂ@ಾR 9ಾC-1!ೇಯವರು ಮ!ೆVಟು ತಂRಯ ಮ!ೆಯKL +ಾಸ+ಾRದುB ಾಗೂ ಅಾತರು 9ಾC- 1!ೇಯವರ ಅಣE ,ೕಣ !ಾಯ#ರವ;2ೆ ಸಂಬಂWದ XಾಗವನುG ಕಬ0ಸುವ ಉೆBೕಶಂದ 9ಾC-1!ೇಯವರ ಸZಯನುG ದುಬ6ಳ7ೆ 'ಾM \ ಾ+ೆ ಹೂMರುವ Sಾರ A0ದು !ಾಂಕ: 12.12.2023ರಂದು ಸ \ ಾ+ೆಯು !ಾ)ಾಲಯದKL Sಾರ ೆಯKLರುವ Sಾರ A0ದು 9ಾC-2, 3, 4!ೇಯವರ Xೊ ೆಯKL !ಾ)ಾಲಯ7ೆ# ಬರುವ ಸಮಯ ಆಾತರು 9ಾC-1!ೇಯವರನುG ಅಡHಗ ತIೆದು ಹ=ೆL 'ಾMರುವQಾRೆ. ಆದುದ;ಂದ ಆಾತರು ಕಲಂ 341, 323 Xೊ ೆ2ೆ 34 ಐ, ರಂ ೆ ^_ಾಹ6!ಾRರು ಾ-ೆ." - 4 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 of 2025 3. The substance of the written complaint lodged by respondent No.2 – complainant is that on 12.12.2023, when he had come to the Court premises for the purpose of filing his chief-examination affidavit, the petitioners allegedly obstructed his way and physically assaulted him. Based on these allegations, a case was registered and, thereafter, a charge sheet has been laid against the petitioners. 4. On a careful examination of the records, it emerges that the present case is not an isolated incident but forms part of a larger series of litigations between the parties. The materials disclose that the petitioners, respondent No.2, and other members of the same family have been repeatedly engaging in lodging complaints against one another, thereby misusing the police machinery. In fact, it is noticed that even the husband has lodged a complaint against his own wife and children, which too culminated in the registration of a crime. The allegations now levelled by respondent No.2 are found to - 5 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 of 2025 be stereotypical in nature, arising out of the same strained family relationship and the property dispute that is already pending adjudication before the civil court. 5. The records further reveal that a comprehensive partition suit in O.S.No.78/2025 is pending consideration between the parties. Despite the pendency of such a civil proceeding, respondent No.2 has sought to give a criminal colour to what is essentially a civil dispute relating to partition and family property. It is well settled that criminal law cannot be permitted to be used as an instrument of pressure or harassment in matters which predominantly fall within the domain of civil adjudication. 6. In the considered opinion of this Court, allowing the criminal prosecution to proceed in the present case would amount to an abuse of the process of law. The allegations, being a mere by-product of the ongoing civil dispute, do not warrant continuation of criminal proceedings. To secure the ends of justice and to prevent - 6 - HC-KAR NC: 2025:KHC:33370 WP No. 25838 of 2025 the misuse of criminal law as a weapon in family disputes, this Court deems it fit to exercise its inherent powers. 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The petition stands allowed. (ii) The charge sheet dated 26.12.2023 and all further proceedings in C.C.No.312/2024, pending on the file of the I Additional Civil Judge and JMFC, Udupi, for the offences punishable under Sections 341, 323 and 34 of the Indian Penal Code, are hereby quashed insofar as the petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 5 Sl No.: 2