- 1 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 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. 598 OF 2025 BETWEEN: 1. SMT. SUPRIYA W/O: VINCENT MANORAJ, AGED ABOUT 37 YEARS, R/AT:. D2/1, VIJAYAKIRAN APARTMENT, VICTORIA LAYOUT, BENGALURU-560047 2. SRI. VINCENT MANORAJA, S/O: VINCENT, AGED: 40 YEARS, R/AT: D2/1, VIJAYAKIRAN APARTMENT, VICTORIA LAYOUT, BENGALURU-560047 3. SMT. BUELA SELVARAJ, W/O: INGATIS SELVARAJ, AGED 62 YEARS, R/AT: NO. 49, KARAMCHAND LAYOUT, 1ST MAIN, KARIYANNA PALYA, LINGARAJAPURAM, BENGALURU-560084 4. SRI. VENKATESH, S/O: TIRUMALA, AGED: 62 YEARS, R/AT: HIREMATH LAYOUT, GEDDALA, BENGALURU-560077. 5. SMT. SAVITRI, W/O: VENKATESH, AGED: 57 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 R/AT: HIREMATH LAYOUT, GEDDALA, BENGALURU -560077. …PETITIONERS (BY SRI. RAJATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HENNUR P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. SRI. NAVEEN KUMAR K, AGED: 38 YEARS R/AT. NO. 61/1, SHIRADI SAYI NAGAR, TOBADE HALLI, MARATHALLI, BENGALURU-560066 3. THE REGIONAL PASSPORT OFFICER 80 FEET ROAD, KORAMANGALA, 8TH BLOCK, BENGALURU-560095 (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 (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.52760/2023 ARISING OUT OF F.I.R DATED 04.02.2022 IN CR.NO.47/2022 REGISTERED BY THE RESPONDENT NO.1, HENNUR P.S., PENDING BEFORE THE COURT OF LD. XI A.C.M.M., MAYOHALL, BENGALURU, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 447, 341, 323, 504, 506, 427 READ WITH 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- "WHEREFORE, the Petitioners above named prays that this Hon'ble Court may be pleased to quash the proceedings in C.C.No. 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 Ld XI Additional C.M.M, Mayohall, Bengaluru, registered for the alleged offences punishable under 143, 147, 447, 341, 323, 504, 506, 427 read with 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 100 persons trespassed the respondent no.2’s property using vehicles and created destruction within the respondent no.2’s property consequently the respondent no.1 police filed a F.I.R. in Crime. No.047/2022 for the offence punishable under Section 506, 341, 323, 504, 143. 147, 149, 447, - 4 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 427 of pending before the Ld. XI Additional CMM Judge, Mayohall, Bengaluru. 3. Learned counsel for the petitioners – accused Nos.1, 2, 3, 5 and 6 have filed an affidavit dated 05.07.2025 duly signed by the petitioner Nos.1 to 3 and (wherein petitioner Nos.4 and 5 have affixed their left thumb marks) and their counsel and the same is taken on record. 4. Petitioners – accused Nos.1, 2, 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 I, Sri Buela Selvaraj, W/o Late Ingatis Selvaraj, aged about 60 years, Residing at No.49, Karamchand Layout, 1st Main, - 5 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 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 53048/2023 arising out of F.I.R in Cr.No. 50/2022 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. 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 while proceedings are ongoing in the civil suit. 3. We submit that pending disposal of the civil suit wherein the Petitioners have filed seeking declaration of the suit schedule property, we undertake that we shall not interfere with and/or interfere/disturb the Respondent No 2 and the property in Site No. 53 and 54 located at Geddalahalli - 6 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 Village, Bengaluru East Taluk as stated in the complaint lodged by the Respondent No.2 in Cr. No.47/2022 before the Respondent No.1 Police in any 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 in Cr.No. 50/2022 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 52760/2023 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 : ORDER (i) The petition is disposed of in terms of the Affidavit dated 05.07.2025. - 7 - HC-KAR NC: 2025:KHC:23959 CRL.P No. 598 of 2025 (ii) The proceedings in C.C. No.52760/2023 (arising out of Crime No.47/2022 of 1st respondent – Police) registered for the offences punishable under Sections 143, 147, 447, 341, 323, 504, 506, 427 read with 149 of the Indian Penal Code, 1860 pending on the file of the XI Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 7