- 1 - NC: 2025:KHC-D:3055 CRL.P No. 102768 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102768 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. PARASAPPA S/O REVANASIDDAPPA KALAL, AGE: 38 YEARS, OCC: BUSINESS, R/O: SALARJUNG ROAD, PALTAN STREET, KOPPAL, TQ: DIST: KOPPAL-583 238. 2. SRI. SIDDAPPA S/O REVANASIDDAPPA KALAL, AGE: 35 YEARS, OCC: BUSINESS, R/O: GONDABAL, TQ: DIST: KOPPAL-583 238. 3. SRI. YALLAPPA S/O REVANASIDDAPPA KALAL, AGE: 30 YEARS, OCC: BUSINESS, R/O: GONDABAL, TQ: DIST: KOPPAL-583 238. 4. GAVISIDDAPPA S/O REVANASIDDAPPA KALAL, AGE: 28 YEARS,OCC: BUSINESS, R/O: GONDABAL, TQ: DIST: KOPPAL-583 238. 5. SRI. MAHADEVAPPA S/O REVANASIDDAPPA KALAL, AGE: 38 YEARS, OCC: BUSINESS, R/O: GONDABAL, TQ: DIST: KOPPAL-583 238. … PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:45 +0530 - 2 - NC: 2025:KHC-D:3055 CRL.P No. 102768 of 2022 AND: 1. STATE OF KARNATAKA, BY KOPPAL TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. MOHAMMED HUSSAIN S/O JALALSAB MAINYAR, AGE: 63 YEARS, OCC: BUSINESS, R/O: PALTANN GALLI, NEAR PALTAN MASJID, KOPPAL, TQ: DIST: KOPPAL-583 238. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 07.08.2020 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC KOPPAL. IN C.C.NO.762/2020 FOR THE OFFENCES PUNISHABLE U/S 143, 147, 323, 441, 427, 354, 504, 506, R/W 149 OF IPC AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who have been charge-sheeted for offences punishable under Sections 143, 147, 323, 341, 427, 354, 504, and 506 read with Section 149 of the Indian Penal Code, are before this Court seeking relief. - 3 - NC: 2025:KHC-D:3055 CRL.P No. 102768 of 2022 2. The prosecution alleges that on 27.09.2019, the petitioners, who are neighbors, criminally trespassed into the house property of Respondent No.2, assaulted, abused, and threatened him with dire consequences, and outraged his modesty. 3. Respondent No.2 is reported to be deceased. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for Respondent No.1 – State. 5. The petitioners-accused are neighbors of Respondent No.2, and there is an ongoing dispute regarding the compound wall between their properties. The petitioners have filed a suit in O.S. No.221/2019 for a mandatory injunction against Respondent No.2 and his family members. The suit was filed on 09.10.2019, whereas the alleged incident took place on 27.09.2019. 6. A private complaint was lodged on 07.11.2019, after an inordinate delay of more than forty-one days, without any plausible explanation. This delay suggests that the complaint was filed with a vindictive intent to harass the petitioners and prevent them from proceeding with their suit for the removal of the compound wall. Furthermore, a perusal of the charge sheet reveals that although a wound certificate has been produced, it only substantiates that Respondent No.2 or his family members sustained simple injuries due to the alleged assault. 7. In light of the above, the continuation of the criminal proceedings would not serve the ends of justice and may instead - 4 - NC: 2025:KHC-D:3055 CRL.P No. 102768 of 2022 result in a miscarriage of justice. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.762/2020, pending before the learned Civil Judge and JMFC, Koppal, insofar as they relate to the petitioners, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:bck List No.: 1 Sl No.: 67