- 1 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103634 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MRITYUNJAYASWAMI S/O. KOTRAYYA KESARALLIMATH, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. SASARAWAD VILLAGE, TQ. SHIRAHATTI, DIST. GADAG-582 112. 2. SMT. EESHWARI W/O. MRITYUNAJAYASWAMI KESARALLIMATH, AGE. 45 YEARS, OCC. HOUSEWIFE AND AGRICULTURE, R/O. SASARAWAD VILLAGE, TQ. SHIRAHATTI, DIST. GADAG-582 112. … PETITIONERS (BY SRI. HEMANTGJYNAR K, HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 011, THROUGH SHIGGAON POLICE STATION, HAVERI DISTRICT. 2. KOTRAYYA S/O. KALLAYYA KESARALLIMATH, AGE. 80 YEARS, OCC. RETIRED GOVT. EMPLOYEE, R/O. SARARWAD VILLAGE, NOW AT CHOUDESWARI NAGAR, HOSARITTI VILLAGE, TQ. AND DIST. HAVERI-581 213. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED FIR AND COMPLAINT REGISTERED BEFORE THE SHIGGAON POLICE STATION, IN THEIR CRIME NO.92/2022 FOR OFFENCE PUNISHABLE UNDER SECTION 427, 447 R/W 34 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND CJM COURT, SHIGGAON IN SO FOR AS PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioners are before this Court, with a prayer to quash the entire proceedings in Crime No.92 of 2022, registered by Shiggaon Police Station, Shiggaon Circle, Haveri District, for the offences punishable under Section 427, 447 read with Section 34 of IPC, which is pending before the Court of Principal Civil Judge Senior Division and CJM, Shiggaon. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that the first petitioner is the husband of second petitioner and respondent No.2 who is the first informant is the father of the first petitioner and the father-in-law of the second petitioner. There is a civil dispute between the parties in respect of the property, which is the subject matter of dispute. Petitioner No.1 is the co-owner of the property and - 3 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 therefore, the offence punishable under Section 447 of the IPC does not get attracted against him. There is an order of injunction operating in the suit. He accordingly, prays to allow the petition. 4. Per contra, learned counsel for respondent No.2 has opposed the petition. He submits that the property in question is the absolute property of the second son of the first informant. The petitioners do not have any right over the said property. However, he does not dispute that the suit in respect of the very same property filed by petitioner No.1 seeking partition is pending consideration before the jurisdictional Civil Court and in the said suit, there is an order of injunction operating, restraining the defendants from alienating the suit schedule property. 5. The material on record would go to show that the petitioners and the first informant are closely related. The first informant is the father of the first petitioner and the father-in-law of the second petitioner. It appears that the - 4 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 first petitioner has filed O.S. No.1 of 2020 before the Jurisdictional Civil Court at Laxmeshwar, against his family members and in the said suit, respondent No.2 herein is arrayed as defendant No.1. The suit is filed for partition and separate possession of the family properties and the land in question bearing Survey No.345/6 is one of the schedule properties in the said suit. It is not in dispute that there is an order of temporary injunction operating in the said suit restraining the original defendants from alienating the suit schedule property. 6. The allegation in the first formation is that the petitioners herein had trespassed into the land bearing Survey No.345/6, which is the subject matter of O.S. No.1 of 2020, when Shashidhar Yaligar, to whom the aforesaid property was leased, was cultivating the aforesaid land on 23.07.2020. It is under these circumstances, FIR has been registered against the petitioners for the aforesaid offences. As rightly contended by the learned counsel for the petitioners, petitioner No.1 has filed a suit for partition with - 5 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 respect to the very same property seeking partition and separate possession of the suit schedule property and according to the petitioners, the said property is a joint family property. The aforesaid suit filed for partition is still pending consideration before the jurisdictional Civil Court. Therefore, as rightly contended by the learned counsel for the petitioners, it cannot be said that the accused have trespassed into the land, when they have claimed that the said property is a joint family property in which petitioner No.1 has a share. 7. So far as the offence punishable under Section 427 of the IPC is concerned, the same is non-cognisable in nature and therefore, without complying with the requirement of Section 155(2) of the Cr.P.C., FIR could not have been registered against the accused. 8. In the circumstances, I am of the opinion that considering the nature of the allegations found against the petitioners and also the civil dispute pending between the - 6 - HC-KAR NC: 2025:KHC-D:10445 CRL.P No. 103634 of 2022 parties, this is a fit case wherein the inherent powers of this Court under Section 482 of the Cr.P.C. needs to be exercised in order to secure the ends of justice. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in Crime No.92 of 2022, registered by Shiggaon Police Station, Shiggaon Circle, Haveri District, for the offences punishable under Section 427, 447 read with Section 34 of IPC, which is pending before the Court of Principal Civil Judge Senior Division and CJM, Shiggaon stands quashed. (iii) The parties are at liberty to adjudicate their inter se civil dispute with regard to the property in question in the pending suit O.S. No.1 of 2020 filed by petitioner No.1 before the jurisdictional Civil Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 52