- 1 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 662 OF 2025 BETWEEN: 1. SMT. SUPRIYA W/O: VINCENT MANORAJ, AGED ABOUT 35 YEARS, R/T: D2/1, VIJAYAKIRAN APARTMENT, VICTORIA LAYOUT, BENGALURU-560047 2. SRI. VINCENT MANORAJA, S/O: VINCENT, AGED: 38 YEARS, R/AT: D2/1, VIJAYAKIRAN APARTMENT, VICTORIA LAYOUT, BENGALURU-560047 3. SMT. BUELA SELVARAJ, W/O: LATE INGATIS SELVARAJ, AGED: 60 YEARS, R/AT: NO.49, KARAMCHAND LAYOUT, 1ST MAIN, KARIYANNA PALYA, LINGARAJAPURAM, BENGALURU-560084 4. SRI. VENKATESH, S/O: TIRUMALA, AGED: 60 YEARS, R/AT:HIREMATH LAYOUT, GEDDALAHALLI BENGALURU CITY KARNATAKA-560077 5. SMT. SAVITRI, W/O: VENKATESH, AGED: 55 YEARS R/AT: HIREMATH LAYOUT, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 GEDDALAHALLI BENGALURU CITY KARNATAKA-560077 …PETITIONERS (BY SRI. H.S.CHANDRAMOULI, SENIOR COUNSEL FOR SRI. PRATEEK CHANDRAMOULI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HENNUR P.S REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU-01 2. SRI G. KRISHNA REDDY S/O LATE GOVINDA REDDY AGE: 51 YEARS R/AT: NO.4, HIREMATH LAYOUT GEDDALA HALLI BENGALURU 560077 3. THE REGIONAL PASSPORT OFFICER 80 FEET ROAD, KORAMANGALA, 8TH BLOCK, BENGALURU-560095 R3 IMPLEADED VIDE ORDER DATED 31.01.2025 AMENDMENT OF CAUSE TITLE CARRIED OUT VIDE COURT ORDER DATED 31.01.2025 …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NO.1; SRI. M.K.SHIVARAJU, ADVOCATE FOR RESPONDENT NO.2; SRI. H.SHANTHI BHUSHAN, DSGI FOR RESPONDENT NO.3) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.53048/2023 ARISING OUT OF CRIME NO.50/2022 REGISTERED BY THE HENNUR P.S., PENDING BEFORE THE COURT OF XI ADDITIONAL C.M.M., MAYOHALL, BENGALURU REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE - 3 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 UNDER SECTIONS 143, 147, 148, 341, 323, 504, 506 READ WITH SECTION 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought for the following reliefs: "WHEREFORE, the Petitioners above named prays that this Hon'ble Court may be pleased to quash the proceedings in C.C No. 53048/2023 arising out of Cr.No. 50/2022 registered by the Hennur P.S, pending before the Court of XI Additional C.M.M., Mayohall, Bengaluru registered for the alleged offences punishable under 143, 147, 148, 341, 323, 504, 506 r/w 149 of IPC in the interest of Justice." 2. A perusal of the material on record will indicate that a civil suit in O.S.No.7132/2015 is pending between the petitioners and the respondents. During the pendency of the said suit, respondent No.2 filed a complaint against the petitioners alleging that the petitioners with the help of 200 persons trespassed the respondent no.2’s property using vehicles and also threatened respondent no.2 at gunpoint and consequently the respondent no.1 police filed - 4 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 a F.I.R. in Crime. No.50/2022 for the offence punishable under Section 506, 341, 504, 143. 147, 148, 149, 447, 465, 468, 471 of pending before the Ld. XI Additional CMM Judge, Mayohall, Bengaluru. 3. Learned counsel for the petitioners – accused Nos.1 to 3, 5 and 6 have filed an Affidavit duly signed by the petitioner Nos.1 to 3 and their counsel and wherein, petitioner Nos.4 and 5 have affixed their respective left thumb mark/s, and the same is taken on record. 4. Petitioners – accused Nos.1 to 3, 5 and 6 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Affidavit, which reads as under:- “Affidavit "We, Smt. Supriya, W/o Vincent Manoraj, aged about 35 years, Residing at B1/2, Vijayakiran Apartment, Victoria Layout, Bengaluru - 560047, the Accused No. 1 / Petitioner No.1 and I, Sri Vincent Manoraja, S/o Vincent, aged about 38 years, Residing at B1/2, Vijayakiran Apartment, Victoria Layout, Bengaluru - 560047, the Accused No.2 / Petitioner No.2 and - 5 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 I, Sri Buela Selvaraj, W/o Late Ingatis Selvaraj, aged about 60 years, Residing at No.49, Karamchand Layout, 1st Main, Kariyanna Palya, Lingarajapuram, Bengaluru - 560084, the Accused No.3 / Petitioner No.3 and I, Sri Venkatesh, S/o Tirumala, aged about 60 years, Residing at Hiremath Layout, Geddalahalli Bengaluru City, Karnataka -560077, the Accused No.5 / Petitioner No.4 and I, Smt Savitri, W/o Venkatesh, aged about 55 years, Residing at Hiremath Layout, Geddalahalli Bengaluru City, Karnataka-560077, the Accused No. 6/ Petitioner No.5 do hereby solemnly affirm and state on oath as follows: 1. That the present Petition has been preferred with a prayer to quash the proceedings in C.C 52760/2023 arising out of F.I.R dt.04.02.2022 in Cr.No. 47/2022 registered by the Respondent No.1 Hennur P.S pending before the court of the Ld.XI Addl C.M.M at Bengaluru, Mayo Hall, Bengaluru registered for the alleged offences punishable under Sections 143, 147, 148, 341, 323, 504, 506 r.w Sec 149 of I.P.C. 2. It is submitted herein, that the suit is pending in O.S No. 6924/2022 and in the said suit the Respondent No 2 herein is arrayed as Defendant No 2. In the said suit, prayer sought for is as follows: "(a) Restrain the Defendants, their henchmen, workmen, any person or persons claiming through or under them from interfering with the - 6 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 Plaintiff's peaceful possession and enjoyment of the suit 'B' Schedule Property. (b) Cost of the Suit (c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case. 'B' SCHEDULE PROPERTY All that piece and parcel of property site bearing No's. 53 and 54 formed in Sy No.4/1, situated at Geddalahalli Village, K.R Puram Hobli, Bengaluru East Taluk, measuring East to West 60 Feet and North to South 60 Feet, totally measuring 3600 Sq. Ft. and bounded on East by: Road West by: Railway Boundary North by: Site No.1, South by: Remaining portion of Sy No.4/1 When the suit is pending, consideration criminal prosecution was lodged and the impugned proceedings came to be initiated qua the petitioners herein, on the allegation that they have forcefully entered into the property and assaulted the Respondent No 2. On the face of it, the allegations are inherently improbable. 3. Taking advantage of the criminal case, the Respondent No 2 and others are trying to knock off the property through illegal means. However, the petitioners have got every right to protect the position and the interest of the property. - 7 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 4. We submit, that pending disposal of the suit initiated in OS No. 6924/2022, the Petitioners herein shall not interfere with any other property and/or interfere/disturb the Respondent No 2 in the manner whatsoever. It is humbly prayed that the affidavit may be taken on record and proceedings in CC No. 53048/2023 arising out of F.I.R dt.04.02.2022 in Cr.No. 47/2022 registered by the Respondent No.1 Hennur P.S pending before the court of the Ld.XI Addl C.M.M at Bengaluru, Mayo Hall, Bengaluru registered for the alleged offences punishable under Sections 143, 147, 148, 341, 323, 504, 506 r.w Sec 149 of I.P., may be quashed and consequently the present proceedings may be allowed." 5. In view of the undertaking filed by the Petitioners – accused in the aforesaid affidavit stating that they will not interfere in any manner with the suit scheduled property in all pending civil suits between the parties, until disposal of the said suits, I deem it just and appropriate to dispose of the present petition and quash the proceedings in C.C.No 53048/2023 with a direction to the petitioners to strictly adhere with the affidavit filed before this court. 6. In view of the aforesaid affidavit, I pass the following : - 8 - HC-KAR NC: 2025:KHC:23960 CRL.P No. 662 of 2025 ORDER (i) The petition is disposed of in terms of Affidavit dated 05.07.2025. (ii) The proceedings in C.C.No.53048/2023 (arising out of Crime No.50/2022 of 1st respondent – Police) registered for the offences punishable under Sections 143, 147, 148, 341, 323, 504, 506 read with Section 149 of the Indian Penal Code, 1860 pending on the file of XI Additional Chief Metropolitan Magistrate Court, Mayohall, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 3 Sl No.: 0