- 1 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 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. 22739 OF 2025 (GM-RES) BETWEEN: 1. SMT. VEENA NAIK AGED ABOUT 31 YEARS D/O MAHESH NAIK 2. SRI. MAHENDRA NAIK AGED ABOUT 30 YEARS S/O ANNAYYA NAIK 3. SMT. AKKAYYA NAIK AGED ABOUT 57 YEARS W/O ANNAYYA NAIK ALL ARE RESIDING AT MUNDADI MELMANE, KADOOR VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576234. …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 - 560001. 2. PINIYA NAIK AGED ABOUT 62 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 of 2025 S/O LATE MADHU 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 W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A CHARGE SHEET DATED 10.05.2024 AND ALL PROCEEDINGS AT ANNEXURE-B IN CRIMINAL CASE NO.471/2021 PENDING ON THE FILE OF 1ST ADDL CIVIL JUDGE AND JMFC, UDUPI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 447, 341, 323, 324, 504, 506 R/W 34 OF IPC, 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.471/2024 for the offence punishable under Sections 447, 341, 323, 324, 504, 506 read with Section 34 of IPC pending on the file of the 1ST Additional Civil Judge and JMFC, Udupi. 2. This Court deems it fit to extract contents of the charge sheet and the same is culled out as under; - 3 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 of 2025 "ಸ ೋಾ ೋಪಣ ಪತದ ಅಂಕಣ ನಂಬ 12 ರ ನಮೂದ ಆ ೋಗಾದ 1. ೕಾ ಾಯ!, 2. ಮ"ೇಂದ ಾಯ! ಮತು$ 3. ಅಕ!ಯ% ಾಯ! ಎಂಬವರ (ೕ)ೆ "ೋ*ಸ)ಾದ ಆ ೋಪೆ ಏೆಂದ ೆ ",ಾನ% ಎ..-ೆ. ಮತು$ -ೆ.ಎಂ.ಎ.., ಾ%/ಾಲಯ ಉಡು 3ಾ%$4ೆ 5ೇ*ದ ಬ"ಾ6ವರ 7ೕ8 9ಾಾ ಸರಹ;ನ ಬ"ಾ6ವರ <ಾಲೂಕು =ಾಡೂರು 4ಾಮದ ಮುಂ>ಾ? (ೕಲ6ೆ ಎಂ§°è 5ಾ@ 1 ೇ Aಯ ಾಯ! ರವ*4ೆ ಸಂಬಂದ -ಾಗದ ಷಯದ 1 *ಂದ 3ೇ ಆ ೋಗಳ ಮzÉå -ಾಗದ Dಾರದ°è ತಕ ಾರು ಇದು; ಇೇ Dಾರದ ಆ ೋಗF4ೆ ೆGೕಷ ಇದು; ಾಂಕ 28/12/2023 ರಂದು ಮಾ%ಹH 1:30 ಗಂIೆ4ೆ ಆ ೋಗಾದ 1 *ಂದ 3 ೇ ರವರು 5ಾ@ 1 ೇಯವರ -ಾಗ=ೆ! ಅಕಮ ಪ3ೇಶ ,ಾ? -ೆK =ೆಲಸವನುH ತ>ೆದು L, 5ಾ@ 2 ೇ ರವ*4ೆ =ೈNಂದ ಮತು$ =ಾಟು ಮರದ 5ೊಂIೆNಂದ ಮತು$ ಕLಂದ "ೊ>ೆದು, 5ಾ@ 1 ೇಯವರನುH ಕುP$4ೆ4ೆ =ೈ "ಾQ ದೂ? RೋF ಮಕ!ೆ, ಸೂೆ ಮಕ!ೆ ಎಂಬುಾS ಅªÁZÀå ಶಬ;ಗFಂದ Rೈದು Lಮ6ನುH Tೕವ ಸUತ KಡುವVಲ ಎಂದು Rೆದ*=ೆ "ಾQರುವVಾSೆ. DzÀÄzÀjAzÀ 1jAzÀ 3£Éà ªÀgÉV£À DgÉÆæUÀ¼ÀÄ PÀ®A: 447, 341, 323, 324, 504, 506 eÉÆÃvÉUÉ 34 L¦¹ ¥ÀæPÁgÀ ²PÁëºÀðgÁVgÀÄvÁÛgÉ JA§ÄzÁV ºÉÆj¸À¯ÁzÀ zÉÆõÁgÉÆÃ¥Àt ¥ÀvÀæ." 3. The substance of the written complaint lodged by respondent No.2 – complainant is that on 28.12.2023 at about 1.30 p.m., when the complainant was engaged in leveling the disputed property using a JCB machine, the petitioners arrived at the spot and picked up a quarrel with him. It is further alleged that when the complainant’s son - 4 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 of 2025 questioned the conduct of the petitioners, they abused him in filthy language and physically assaulted him with a wooden log. The complainant has also stated that this was not an isolated incident but, in fact, the second occasion on which the petitioners had assaulted and extended life threats to both the complainant and his son. 4. On a careful scrutiny of the allegations and the materials on record, this Court finds that the complaint filed by respondent No.2 appears to be nothing more than a retaliatory measure or counterblast to the disputes already pending between the parties. The records clearly indicate that multiple FIRs have been registered at the instance of family members who are engaged in a long- standing property dispute, despite the fact that a comprehensive partition suit in O.S.No.78/2025 is already pending adjudication. 5. It is not in dispute that, against respondent No.2 – complainant himself, as many as four crimes have been - 5 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 of 2025 registered earlier. This Court, in fact, has already exercised its inherent powers under Section 482 Cr.P.C. and quashed the proceedings initiated against respondent No.2 in those cases. The present complaint, viewed in the backdrop of this factual matrix, appears to have been filed only by way of a counterblast, thereby giving rise to multiple FIRs between the family members, all arising from the same underlying civil dispute relating to partition of property. 6. This Court is therefore of the considered opinion that respondent No.2 has attempted to give a criminal colour to what is essentially a civil dispute. The repeated initiation of criminal proceedings, despite pendency of the partition suit, amounts to an abuse of the process of law. To secure the ends of justice and to prevent misuse of criminal proceedings as a tool of harassment, this Court finds it just and proper to interfere. - 6 - HC-KAR NC: 2024:KHC:53456 WP No. 22739 of 2025 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The petition stands allowed. (ii) The charge sheet dated 10.05.2024, as per Annexure-A, and all further proceedings as per Annexure-B in C.C.No.471/2021 pending on the file of the I Additional Civil Judge and JMFC, Udupi, for the offences punishable under Sections 447, 341, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, are hereby quashed insofar as the petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1