- 1 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.18829 OF 2025 (GM-RES) C/W CRIMINAL PETITION NO. 7174 OF 2025 IN WP No. 18829/2025: BETWEEN: 1. MR. UTHAIAH P. S/O LATE POOVAIAH, AGED ABOUT 68 YEARS, R/AT KARMADU VILLAGE, AMMATHI TOWN, VIRAJPETE TALUK KODAGU, KARNATAKA-571 218. 2. MR. MAC MONAPPA N. V., S/O UTHAIAH P, AGED ABOUT 24 YEARS, R/AT KARMADU VILLAGE, AMMATHI TOWN, VIRAJPETE TALUK, KODAGU, KARNATAKA-571 218. …PETITIONERS (BY SRI. SACHIN B. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY RURAL POLICE STATION VIRAJAPETE, VIRAJAPETE TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 HIGH COURT BUILDING, BENGALURU -560 001. 2. MR. NEELAKKAMADA BOJANNA S., S/O. SOMAIAH N. M., AGED ABOUT 44 YEARS, KAVADI VILLAGE, AMMATHI POST, VIRAJAPETE TALUK KODAGU, KARNATAKA-571 218. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI.NEELAKKAMADA BOJANNA S., C/R2-PARTY-IN-PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS C.C NO.381/2025 IN THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, VIRAJAPETE REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 118(1), 3(5) OF BNS, 2023 AS PER ANNEXURE-A. IN CRL.P NO.7174/2025: BETWEEN: SRI.NELLAMAKKADA CHETHAN BOJANNA, S/O. SRI. SOMAIAH N.M., AGED ABOUT 43 YEARS, R/AT KAVADI VILLAGE, AMMATHI, VIRAJPET TALUK, KODAGU DISTRICT -571 218. ...PETITIONER (BY SRI. PRAKASHA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA STATION HOUSE OFFICER, VIRAJPET RURAL POLICE STATION, - 3 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 VIRAJPET - 571 218. REPRESENTED BY HIS STATE PUBLIC PROSECUTOR, BENGALURU -560 001. 2. SRI. NELLAKKAMADA P UTHAIAH., S/O. LATE POOVAIAH, AGED ABOUT 67 YEARS, R/AT KARMADU VILLAGE, AMATHI POST, VIRAJAPETE TALUK, KODAGU DISTRICT - 571 211. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1, SRI. SACHIN B.S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS, 2023) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.382/2025 (IS ARISING OUT OF THE CRIME NO.132/2024) OF VIRAJPET RURAL POLICE STATION VIRAJPET FOR THE ALLEGED OFFENCE P/U/S 329(3),115(2) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND JMFC VIRAJPET. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These two petitions arise out of a case and a counter case. 2. Accused in the respective FIRs are seeking to quash the entire proceedings pending against them. - 4 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 3. Heard the learned counsel for petitioners in both the petitions as well as party-in-person/respondent No.2 appearing in W.P.No.18829/2025. Perused the material on record. 4. In both the cases, applications are filed to vacate the interim order staying the further proceedings before the Court below. 5. In W.P.No.18829/2025, petitioners/accused Nos. 1 and 2 are seeking to quash the entire proceedings in C.C.No.381/2025 pending on the file of the Court of Additional Civil Judge and JMFC, Virajpet, arising out of Crime No.131/2024 registered at Virajpet Rural Police Station for the offence punishable under Section 118(1), 3(5) of the BNS, 2023. 6. In Criminal Petition No.7174 of 2025, petitioners/accused is seeking to quash the entire proceedings in C.C.No.382/2025 pending on the file of the Court of Additional Civil Judge and JMFC, Virajpet, arising - 5 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 out of Crime No.132/2024 registered at Virajpet Rural Police Station for the offence punishable under Section 329(3) and 115(2) of BNS, 2023. 7. Perusal of the complaint averments in both the cases would indicate that the incident took place on 24.12.2024 at about 5.45 p.m. near Ontyangadi Road, Ammathi Village, Virajpet, Kodagu, wherein respective complainants have alleged that they were assaulted by the accused. 8. In Crime No.131/2024, the defacto complainant/injured has alleged that on 24.12.2024, when he along with his father, coming to know about the accused person cutting the coffee plant, went to the spot at about 5.45 p.m., accused questioned them and assaulted with a club, due to which both of them sustained injuries. Thereafter they were admitted at Virajpet Government Hospital. - 6 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 9. In Crime No.132/2024, it is alleged that on the said the date and time, when the complainant questioned the accused as to why he has come to his land, the accused held his neck and assaulted on his chest and chased him and when the complainant went near the gate, he saw the accused holding a club and a sickle in his hand and tried to assault him etc. 10. It is the contention of the parties that false cases are registered against each other, though no such incident as alleged in the complaints took place. 11. The party-in-person/complainant in the writ petition who is also an accused in Crime No.132/2024, would vehemently contend that the entire allegations against him are false and no such incident as alleged has taken place and he has not assaulted any one. He further contended that, he has made several representations to the higher police officers, but the police have filed a false charge sheet against him. - 7 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 12. Material on record would indicate that the statements of the complainants in both the cases are recorded from the hospital. There are wound certificates pertaining to the injured in both the cases. The veracity of the contents of FIRs or the nature of injuries alleged to have been sustained by the respective injured cannot be gone deeply at this stage. Admittedly there is a case and a counter case and the police after conducting investigation have filed charge sheet in both the cases. 13. It is the contention of the parties that there is a civil dispute and therefore, false case is registered against them. However, as already observed, the police have recorded the statements of the injured and other eye witnesses and after collecting materials have filed charge sheet in both the cases. The Hon'ble Apex Court in the case of Katyayini Vs Siddharth P.S. Reddy and others reported in (2025) Live Law SC 712 has held that pendency of a civil suit involving same parties does not justify quashing of criminal proceedings if a prima facie - 8 - HC-KAR NC: 2025:KHC:42477 WP No. 18829 of 2025 C/W CRL.P No. 7174 of 2025 case exists against the accused persons. The Criminal Law and Civil Law remedies are not mutually exclusive but clearly co-extensive and essentially differ in their content and consequence. 14. It is well settled that a case and a counter case have to be tried one after the other by the same learned Judge. The prayer made in the respective petitions seeking quashing of the entire proceedings does not merit consideration, as this Court finds that there is a prima facie case against the petitioners in both the cases. Hence, the proceedings pending before the trial Court cannot be quashed. Both the petitions are dismissed. Pending I.As are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE SBN List No.: 1 Sl No.: 12