- 1 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 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. 1009 OF 2024 BETWEEN: 1. MR. KRISHNA NAIK S/O LATE SOMA NAIK AGED ABOUT 50 YEARS RA/T MUNDADY MELMANE KADOOR GRAMA AND POST BRAHMAVARA TALUK UDUPI DISTRICT-576234. …PETITIONER (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-560 001. 2. SMT. VEENA W/O MAHESH NAIK AGED ABOUT 29 YEARS R/A MUNDADI MELMANE KADOOR VILLAGE BRAHMAVARA TALUK Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 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.PC PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.237/2023 DATED 14.12.2023 PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C, UDUPI FOR THE ALLEGED OFFENCE P/U/S 354(D) OF IPC REGISTERED BY THE 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.237/2023 for the offence punishable under Section 354(D) of IPC pending on the file of the Additional Civil Judge and JMFC, Udupi. - 3 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 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 ಮುಂಾ !ೕಲೆ ಎಂಬ$ ಾಸಾ&ರುವ ಾ ()ಾರರು (ಾಂಕ: 10/12/2023 ರಂದು ಾ* 10:30 ಗಂ,ೆ ಸು-ಾ.ೆ ಾ ()ಾರರ ಮೆಯ ಎದುರು ಅಂಗಳದ$2ದ3 ದನದ ೊಠ ೆ ೋಗುಾಗ ಾ ()ಾರರ ಪಕ5ದ ಮೆಯ ಾ6 ಕೃಷ9 ಾAiÀiïÌ ರವರು ಕತ;ಲ$2 <ಂ=ಾ$6ೊಂಡು ಬಂ(ರುಾ;ೆ. ಈ ಬೆ? ೇ@)ಾಗ ಾ ()ಾರರ ಮೆಯ ಪಕ5ದ$2ರುವ ಅವರ ದನದ ೊಠ ಯ$2ದ3 ಗA B ದನವನುC ೋ ೋಗಲು ಬಂ(ರುವD)ಾ& *@6ರುಾ;ೆ. ಇದಲ2)ೇ ಾ ()ಾರರ ಮೆಯ Dಸು Fಾಸು *ರುಗುಾಗ ಕೂಾ <ಂ=ಾ$6 ೊಂಡು ಬಂದು ೊಂದೆ Gೕ ರುಾ;ೆ. (ಾಂಕ: 13/12/2023 ರಂದು ಾ* 9:30 ಗಂ,ೆ ಸು-ಾ.ೆ ಾ ()ಾರರು ಅವರ ಅೆ; ಅಕ5ಯHರವೊಂ(ೆ ಾ ()ಾರರ ೆೆ ಮೆಯ !ಹಂ( ಾಾ ಕಮೆ5 ೊಗಲು ಾ ()ಾರ ಮೆಯ ೊJKೆಯ ಬ@ ನೆದು ೊಂಡು ೋಗುಾಗ ಕೃಷ9 ಾAiÀiïÌ ಪDನ: ಾ ()ಾರರನುC <ಂ=ಾ$6ೊಂಡು ಬಂ(ರುಾ;ೆ. ಇದ.ಂದ ಾ ()ಾ.ೆ ಮುಜುಗರ ಉಂ,ಾ&ರುತ;)ೆ. ಈ .ೕ* ೊಂದೆ Gೕ ದ ಕೃಷ9 ಾAiÀiïÌ NರುzÀÝ ಸೂಕ; ಾನೂನು ಕಮ ೈೊಳP =ೇಕು ಎಂQಾH(." 3. The sum and substance of the complaint lodged by respondent No.2 – complainant is that on 10.12.2023 at about 10.30 p.m., while she was proceeding towards her cow shed, the petitioner allegedly followed her. When - 4 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 she enquired as to why he was present there at such a late hour, the petitioner is said to have replied that he had come to check on his pregnant cow housed in his cow shed, which is situated adjacent to the complainant’s cow shed. Again, on 13.12.2023 at about 9.30 p.m., when respondent No.2 along with her mother-in-law was proceeding to attend a mehandi programme at a neighbour’s residence, the petitioner is alleged to have once again followed her, on account of which she felt embarrassed. Based on these allegations, respondent No.2 lodged the present complaint, which culminated in registration of Crime No.237/2023 for the offence punishable under Section 354(D) of IPC. 4. A plain reading of the complaint, however, would indicate that the allegations made therein are of a general and stereotypical nature without any specific overt acts attributed to the petitioner which would, even prima-facie, constitute the ingredients of the alleged offence. Significantly, it is not in dispute that respondent No.2 is - 5 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 none other than the petitioner’s sister-in-law and that there are already several disputes inter-se between the family members. The records placed on file further reveal that the petitioner, respondent No.2 and other family members are engaged in a long-standing civil dispute, which is presently the subject matter of a comprehensive suit in O.S. No.78/2025 before the competent Civil Court. The records also disclose that in the backdrop of such civil litigation, multiple FIRs have been lodged by the rival factions of the family against each other. 5. On a closer scrutiny of the complaint and taking into account the admitted pendency of civil litigation between the parties, this Court is of the considered opinion that the allegations made by respondent No.2 appear to be motivated and intended to exert pressure in the pending civil dispute. The narrative in the complaint, when tested on the touchstone of the essential ingredients of Section 354(D) IPC, falls short of constituting the alleged offence. This Court is more than satisfied that the - 6 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 criminal law has been invoked as a weapon in the ongoing family dispute and that repeated registration of FIRs against one another demonstrates malafide intent rather than genuine grievance. Permitting such proceedings to continue would amount to an abuse of the process of law and cause undue harassment to the petitioner. 6. In view of the above discussion, this Court is of the firm opinion that the continuation of criminal proceedings against the petitioner would not subserve the ends of justice. Therefore, in exercise of inherent powers under Section 482 of Cr.P.C., the proceedings require to be quashed and proceeds to pass the following; ORDER (i) The criminal petition is allowed. (ii) The proceedings in Crime No.237/2023 dated 14.12.2023 registered by respondent No.1 – Brahmavar Police Station for the offence punishable under Section 354(D) of IPC, which are now - 7 - HC-KAR NC: 2024:KHC:53456 CRL.P No. 1009 of 2024 pending before the Court of the Additional Civil Judge and JMFC, Udupi, are hereby quashed insofar as the present petitioner is concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1