- 1 - NC: 2025:KHC:8314 CRL.P No. 9902 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9902 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SHRI. MUDDABYRAPPA B. M., SON OF LATE MAYANNA, AGED ABOUT 66 YEARS, 2. SMT. LEELAVATHI B.V. W/O. MUDDABYRAPPA B. M., AGED ABOUT 56 YEARS, 3. VINAY M., S/O. MUDDABYRAPPA B. M., AGED ABOUT 35 YEARS, ALL ARE RESIDING AT BYRANAHALLI, KASABA HOBLI, NELAMANGALA TALUKA, BENGALURU DISTRICT – 562 123. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION. 2. HARISH B.G., S/O. GOVINDAPPA, AGED ABOUT 39 YEARS, RESIDING AT BYRANAHALLI, KASABA HOBLI, NELAMANGALA TALUKA, BENGALURU DISTRICT – 562 123. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R-1; SRI. SUNIL KUMAR S., ADV. FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:8314 CRL.P No. 9902 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS REGISTERED IN C.C.NO.9900/2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU RURAL, FOR OFFENCE PUNISHABLE UNDER SECTIONS 323, 324, 504, 506, 34 OF IPC (ANNEXURE-D). AND GRANT SUCH OTHER OR FURTHER RELIEF / RELIEFS AS THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners – accused Nos.1 to 3 seek quashing of the impugned proceedings in C.C.No.9900/2022 arising out of Crime No.124/2022 registered by the 1st respondent – Police, on the file of Prl. Civil Judge and JMFC, Nelamangala, for the offences punishable under Sections 323, 324, 504, 506 r/w 34 IPC and for other reliefs. 2. Heard learned counsel for the petitioners and learned HCGP for 1st respondent and learned counsel for 2nd respondent- de facto complainant and perused the material on record. - 3 - NC: 2025:KHC:8314 CRL.P No. 9902 of 2023 3. A perusal of the material on record will indicate that a civil dispute in relation to immovable properties bearing R.S.No.6/6, 6/8, 9/1 and 1/5 situated at Byranahalli village, Nelamangala Taluk, Kasaba Hobli, Bangalore Rural District, Bangalore, ended in a compromise in O.S.No.1375/2009 between the petitioner No.1 and one Govindappa father of 2nd respondent vide compromise decree dated 03.08.2017 before the jurisdictional Civil Court. Subsequently, there were disputes between the petitioners and respondent No.2 including complaints and counter complaints between them in relation to the aforesaid immovable properties, subsequent to which, on 03.07.2022, the 2nd respondent filed the impugned complaint in Crime No.124/2022 against the petitioners – accused Nos. 1 to 3 for offences punishable under Section 323, 324, 504, 506 r/w 34 IPC, which resulted in a charge sheet and pending in C.C.No.9900/2022 before the Trial Court. 4. A perusal of the material on record comprising of the impugned complaint, FIR, charge sheet material, statements of witnesses, documents etc., is sufficient to come to the conclusion that there exists a civil dispute in relation to the aforesaid immovable properties between the petitioners and 2nd respondent - 4 - NC: 2025:KHC:8314 CRL.P No. 9902 of 2023 for almost two decades and during the pendency of the said civil disputes, including earlier complaints and counter complaints given by both the petitioners and 2nd respondent against each other, the 2nd respondent has instituted the impugned proceedings in relation to the dispute which is predominantly, essentially and overwhelmingly of a civil nature / character which is sought to be given a criminal colour / flavour, which is impermissible in law as held by the Apex Court and this Court in several judgments including the case of Lalith Chaturvedi & others vs. State of U.P. & Anr. – 2024 SCC OnLine SC 171 and Naresh Kumar & others vs. State of Karnataka – 2024 INSC 196. In view of the aforesaid facts and circumstances, I am of the considered opinion that continuation of impugned proceedings would amount to abuse of process of law and the same deserve to be quashed. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.9900/2022 arising out of Crime No.124/2022 registered by the 1st respondent – Police, on the file of - 5 - NC: 2025:KHC:8314 CRL.P No. 9902 of 2023 Prl. Civil Judge and JMFC, Nelamangala, for offences punishable under Section 323, 324, 504, 506 r/w 34 IPC, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS / Srl. List No.: 2 Sl No.: 13