- 1 - NC: 2025:KHC:7257 CRL.P No. 5959 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5959 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SALEEMA KHANUM, W/O VALLI PASHA, AGED ABOUT 63 YEARS, R/AT NO.260, LAXMI ROAD, 8TH CROSS, SHANTI NAGAR, BANGALORE-560027 2. SHOIAB PASHA S/O VALLI PASHA, AGED ABOUT 51 YEARS, R/AT NO.260, LAXMI ROAD, 8TH CROSS, SHANTI NAGAR, BANGALORE-560027 …PETITIONERS (BY SRI. NISHAD S A., ADVOCATE) AND: 1. STATE OF KARNATKA BY MANDI POLICE, REPRESENTED BY HCGP, HIGH COURT BUILDING, BANGALORE-560001 2. SADIQ AHMED KHAN, S/O KHASIM KHAN, AGED ABOUT 46 YEARS, NO.2558 NEW NO.M-10, MKDK ROAD, NORTH CROSS, MANDI MOHALLA, MYSORE CITY KARNATAKA-570001 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 SERVED BUT UNREPRESENTED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7257 CRL.P No. 5959 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED IN C.C.NO.4166/2017 FILED BY THE RESPONDENT NO.1 FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC, ARISING OUT OF CR.NO.78/2015, PENDING ON THE FILE OF LEARNED HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC COURT, MYSORE CITY AT MYSORE. 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 seek for the following reliefs:- “ (a) To call for the entire records in C.C.No. 4166/2017 pending on the file of learned Hon’ble Prl. Civil Judge (Jr.Dn) & JMFC Court, Mysore City at Mysore. (b) To quash the Entire proceedings initiated in C.C.No.166/2017 filed by the Respondent No.01 for the offences punishable Under Sections 420, R/w 34 Indian Penal Code arising out of Crime No.78/2015 pending on the file of the learned Hon’ble Prl. Civil judge & JMFC Court, Mysore City at Mysore. (c) To grant such other relief or reliefs as this Hon’ble Court be pleased to grant, in facts and circumstances of the case including the cost of the Petition. By allowing the above petition, in the interest of justice and equity.” 2. Learned counsel for the petitioners have filed a memo along with documents and the same is taken on record. - 3 - NC: 2025:KHC:7257 CRL.P No. 5959 of 2023 3. Heard learned counsel for the petitioners and learned Addl.SPP for the 1st respondent and perused the material on record. Though the notice of this petition has been served upon the 2nd respondent, he has chosen to remain absent and unrepresented. 4. A perusal of the material on record will indicate that during the pendency of the suit in O.S.No.1351/2007, the petitioner No.1 along with her mother and sister executed a registered sale deed dated 13.01.2013 in favour of the 2nd respondent – complainant. The petitioner No.-2 (A4) is one of the consenting witness of the said sale deed. During the pendency of the said suit, the 2nd respondent filed the instant complaint dated 06.05.2015, pursuant to which, the proceedings in C.C.No.4166/2017 are pending before the trial court. In the meanwhile, a separate suit in O.S.No.1059/2016 is also pending between the parties in relation to the same property which was not only the subject matter of the earlier suit but also the subject matter of the impugned proceedings before the trial court. The aforesaid facts and circumstances clearly indicate that the dispute between the petitioners and 2nd respondent are essentially, - 4 - NC: 2025:KHC:7257 CRL.P No. 5959 of 2023 predominantly and overwhelmingly is civil in nature, which is sought to be given criminal colour, which is impermissible in law as held by this Court in the case of Naresh Kumar and another Vs. State of Karnataka – 2021 INSC 196 and the judgment of the Apex Court in the case of Lalit Chaturvedi & Ors. Vs. State of Uttar Pradesh & Anr. – 2024 SCC OnLine SC 171. Consequently, continuation of the impugned proceedings would tantamount to abuse of process law and the same deserves 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.4166/2017 arising out of Crime No.78/2015 registered by the 1st respondent – Police, pending on the file of the Principal Civil Judge (Jr.Dn) and JMFC, Mysore, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.