- 1 - NC: 2025:KHC-D:2372 CRL.P No. 101720 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101720 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. BASAWWA D/O BASAPPA ITI W/O RAMAPPA HULAKUND, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: BASSAPUR VILLAGE, TQ: HUKKERI, DIST: BELAGAVI-591 309. 2. SRI. SOMALING S/O RAMAPPA HULAKUND, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: BASSAPUR VILLAGE, TQ: HUKKERI, DIST: BELAGAVI-591 309. 3. SRI. SHIVALING S/O RAMAPPA HULAKUND, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: BASSAPUR VILLAGE, TQ: HUKKERI, DIST: BELAGAVI-591 309. 4. SRI. IRAPPA S/O RAMAPPA HULAKUND, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: BASSAPUR VILLAGE, TQ: HUKKERI, DIST: BELAGAVI-591 309. 5. SRI. GOURAVVA W/O SHIVALINGAPPA NEELAPPAGOL, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: M. MALLAPUR VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591 307. … PETITIONERS (BY SRI. RAJENDRA R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH YAMAKANAMARADI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:48 +0530 - 2 - NC: 2025:KHC-D:2372 CRL.P No. 101720 of 2023 HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD-580 001. 2. SMT. INDIRA @ INDRAVATI D/O RAMAPPA HULAKUND, AGE: 58 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: BASSAPUR VILLAGE, NOW AT NOGANIHAL-591 309, TQ: HUKKERI, DIST: BELAGAVI-591 309. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. RAMESH I. ZIRALI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1439/2022 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC, HUKKERI REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420, 465, 468 AND 471 R/W 35 OF IPC, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONERS/ACCUSED NO.2 TO 5 AND 7 ARE CONCERNED, IN THE INTEREST OF JUSTICE. 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 1. The petitioners/accused Nos.2 to 5 and 7 are sought to be prosecuted for offences punishable under Sections 420, 465, 468, and 471 read with Section 35 of the Indian Penal Code, 1860 (for short, ‘IPC’). 2. The prosecution alleges that the complainant and her mother are the only surviving legal heirs of the deceased Ramappa. It is alleged that accused No.2 was in an illicit relationship with the deceased Ramappa and that accused Nos.3 - 3 - NC: 2025:KHC-D:2372 CRL.P No. 101720 of 2023 to 5 are the children born out of this relationship. The prosecution further alleges that accused No.2, claiming to be the wife of the deceased Ramappa, along with accused Nos.3 to 8, submitted an application to accused No.1 for issuance of a survivorship certificate. Accused No.1, in collusion with accused Nos.2 to 8, allegedly issued a survivorship certificate in their favor, recognizing them as the legal heirs of the deceased Ramappa. It is alleged that accused Nos.2 to 8 deliberately suppressed the existence of the complainant and her mother with the intent of unlawfully acquiring the property left behind by the deceased Ramappa. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1/State, and the learned counsel for respondent No.2. 4. The records indicate that the application for the survivorship certificate was submitted by accused Nos.2 to 8 in the year 2014, and accused No.1 subsequently issued the certificate declaring them as the sole surviving legal heirs of the deceased Ramappa. In response, the complainant filed a civil suit (O.S. No.127/2015) seeking a declaration that she and her mother are the absolute owners of the property left behind by the deceased Ramappa. In this suit, accused Nos.2 to 8, who are arrayed as defendants, have denied the status of the complainant and her mother as the legal heirs of Ramappa. 5. Despite the pendency of this civil suit, respondent No.2 filed a private complaint under Section 200 of the Criminal Procedure Code, 1973, on 07.07.2022—more than eight years - 4 - NC: 2025:KHC-D:2372 CRL.P No. 101720 of 2023 after the issuance of the survivorship certificate—without offering any plausible explanation for the delay. 6. The status of the complainant and her mother as the daughter and wife of the deceased Ramappa is the subject matter of the pending civil suit. Since this is a purely civil dispute, the criminal court lacks jurisdiction to determine the legal status of the complainant and her mother. Initiating criminal proceedings in a matter that is essentially civil in nature would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.1439/2022, pending before the Civil Judge and JMFC, Hukkeri, insofar as they relate to petitioners/accused Nos.2 to 5 and 7, are hereby quashed. 8. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 1 Sl No.: 61