- 1 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7033 OF 2024 BETWEEN: 1. SRI. A.G.RUDRA KUMAR @ RUDRESHA, S/O LATE A.G.SHIVAKUMAR, AGED ABOUT 36 YEARS, R/A GOVERNMENT SCHOOL MAIN ROAD, ARALIKOPPA, SHIMOGGA, KARNATAKA – 577 302. 2. SRI. MEGHARAJ ARALIKOPPA GOWDARU @ MEGHARAJ, S/O SRI. A.G.SHANTHARAJU, AGED ABOUT 35 YEARS, R/A ARALIKOPPA, HIRIYUR POST, SHIVAMOGGA DISTRICT, KARNATAKA – 577 302. 3. SRI. MANOJ KUMAR A.G., S/O LATE A.G.SHANTHARAJU, AGED ABOUT 34 YEARS, R/A # 98, CHANAL ROAD, ARALIKOPPA, SHIMOGGA, KARNATAKA – 577 302. …PETITIONERS (BY SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE FOR SRI.VARUN R.R., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 AND: 1. STATE OF KARNATAKA, BY RURAL POLICE STATION, BHADRAVATHI, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU – 560 001. 2. SRI. SURESHA NAIK, AGED ABOUT 46 YEARS, S/O SHANKAR NAIK, R/A ARALIKOPPA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA, KARNATAKA – 577 302. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1; SRI.MANJUNATHA NAIK N.R., ADVOCATE FOR R-2) *** THIS CRL.P. IS FILED U/S 482 OF CR.PC PRAYING TO A) QUASH THE FIR BEARING IN CRIME NO.139/2022 REGISTERED BY THE RESPONDENT NO.1 RURAL POLICE STATION, BHADRAVATHI PUNISHABLE FOR THE ALLEGED OFFENCES UNDER SECTIONS 323, 354, 504, 506 R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(Va) OF SCHEDULED CASTES/SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 AT ANNEXURE - A; B) QUASH THE CHARGE SHEET DATED 05.09.2022 FILED AGAINST THE PETITIONERS IN SPL.C.NO.5007/2023 FOR ALLEGED OFFENCES UNDER SECTIONS 323, 354, 504, 506 READ WITH 34 OF INDIAN - 3 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 PENAL CODE, 1860 AND SECTIONS 3(1)(r) 3(1)(s), 3(2)(Va) OF SCHEDULED CASTES/SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 AT ANNEXURE - C; C) QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.5007/2023 PENDING CONSIDERATION BEFORE THE HON'BLE IV ADDL.DISTRICT AND SESSIONS COURT, SHIVAMOGGA SITTING AT BHADRAVATHI PUNISHABLE FOR ALLEGED OFFENCES UNDER SECTIONS 323, 354, 504, 506 READ WITH 34 OF INDIAN PENAL CODE, 1860 AND SECTIONS 3(1)(r) 3(1)(s), 3(2)(Va) OF SCHEDULED CASTES/SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 AT ANNEXURE - D; AND D) PASS ANY OTHER ORDER/S THAT THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL.P., 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 the following reliefs: "a) Quash the FIR bearing in Crime No.139/2022 registered by the respondent No.1 Rural Police Station, Bhadravathi, punishable for the alleged offences under Sections 323, 354, 504, 506 r/w 34 of IPC and Sec.3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Castes/Scheduled Tribes - 4 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 (Prevention Of Atrocities) Act, 2015 at Annexure - A; b) Quash the charge sheet dated 05.09.2022 filed against the petitioners in Spl.C.No.5007/2023 for alleged offences under Sections 323, 354, 504, 506 read with 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015 At Annexure - C; c) Quash the entire proceedings in Spl.C.No.5007/2023 pending consideration before the Hon'ble IV Addl. District And Sessions Court, Shivamogga Sitting At Bhadravathi, punishable for alleged offences under Sections 323, 354, 504, 506 read with 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015 At Annexure - D; and d) Pass any other order/s that this Hon'ble Court deems fit, in the interest of justice and equity." 2. Heard the learned counsel for petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. - 5 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 3. A perusal of the material on record will indicate that both the families of the petitioners and respondent No.2 have put forth their rival claims in relation to immovable property in Sy.No.37/1a1 and 37/2 situated at Aralikoppa Village, Kasaba Hobli, Bhadravathi Taluk, Shivamogga District, in respect of which a civil suit in O.S.No.111/2019 is pending between the parties. On 24.02.2020, the Trial Court pass an order of status quo which was assailed by the petitioners before the first appellate Court in M.A.No.14/2020 which was dismissed and pursuant to which the petitioners approached this Court in W.P.No.13510/2020 (GM-CPC) which was allowed vide final order dated 04.04.2022. In relation thereto, an application for Police protection was also filed and allowed by the Trial Court vide order dated 08.04.2022. Meanwhile, the respondent No.2 has filed the instant complaint against the petitioners alleging commission of offences punishable under Sections 323, 354, 504, 506 read with Section 34 of Indian Penal Code, 1860 and - 6 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 Sections 3(1)(r) 3(1)(s), 3(2)(Va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015 which was registered as an FIR in Crime No.139/2022 dated 25.06.2022 and after investigation, the same is currently pending in Special Case No.5007/2023 before the Trial Court, which is assailed in the present petition. 4. A perusal of the aforesaid facts and circumstances and the undisputed fact that there is a civil litigation pending between the parties in relation to an immovable property is sufficient to come to the conclusion that the dispute between the parties is essentially, pre-dominantly and overwhelmingly of civil nature/character which is sought to be given a criminal colour/texture/flavour by the respondent No.2, which is impermissible in law, in the light of the judgments of the Hon'ble Apex Court in the case of (1) Naresh Kumar and Another Vs. State of Karnataka & Another reported in 2024 INSC 196, (2) Lalith Chaturvedi and others Vs. State of Uttar Pradesh and another, - 7 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 reported in 2024 SCC OnLine SC 171; and (3) K. Bharathi Devi and Another Vs. State of Telangana and Another, reported in 2024 INSC 750. 5. Under these circumstances, I am of the opinion that the necessary ingredients constituting the aforesaid offences are not forthcoming and conspicuously absent from the impugned FIR, complaint, charge sheet material statement of witnesses and documents etc. Hence, continuation of the impugned proceedings against the petitioners would amount to abuse of the process of law, warranting interference in the present petition. 6. In the result petition, I pass the following: ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings pending in Spl.C.No.5007/2023 (arising out of Crime No.139/2022), initiated by Bhadravathi Rural Police Station, Shivamogga, pending on the file - 8 - HC-KAR NC: 2025:KHC:26201 CRL.P No. 7033 of 2024 of the Fast Track Court-2, Shimoga District, Shimoga, vide Annexure A, for the offences punishable under Sections 323, 354, 504, 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(Va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015, qua the petitioners herein/accused, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 3