- 1 - NC: 2025:KHC-D:2446 CRL.P No. 102533 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102533 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. SHIVARAJ S/O. BANDU KERAGUTTE, AGE. 37 YEARS, OCC. MARINE ENGINEER AND AGRICULTURIST, R/O. KHADAKALAT, TQ. CHIKKODI, DIST. BELAGAVI-591228. 2. SMT. DYANESHWARI @ DANESHWARI @ DANAWWA, W/O. SHIVARAJ KERAGUTTE, AGE. 33 YEARS, OCC. HOUSEHOLD WORK/ HOUSE MAKER, R/O. KHADAKALAT, TQ. CHIKKODI, DIST. BELAGAVI-591228. …PETITIONERS (BY SRI. GANAPATI M.BHAT, ADVOCATE) AND: 1. SRI. BANDU S/O. LAXMAN KERAGUTTE, AGE. 65 YEARS, OCC. AGRICULTURIST, R/O. KHADAKALAT, TQ. CHIKKODI, DIST. BELAGAVI-591228. 2. THE STATE OF KARNATAKA, BY P.S.H.O., KHADAKALAT POLICE STATION, NIPPANI CIRCLE, REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-583011. …RESPONDENTS (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE FOR R1 SRI. ASHOK T.KATTIMANI, AGA FOR R2) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:48 +0530 - 2 - NC: 2025:KHC-D:2446 CRL.P No. 102533 of 2024 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL PETITION FILED U/SEC. 482 OF CR.P.C. AND QUASH PROCEEDINGS IN C.C.NO. 2950/2023 (CRIME NO. 83/2023 OF KHADAKALATH PS) PENDING ON THE FILE OF THE COURT OF II ADDL. CIVIL JUDGE AND J.M.F.C. CHIKKODI FOR AN OFFENCES P/U/SEC. 427, 341, 504, 506 R/W SEC. 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for the offenses punishable under Sections 427, 341, 504, and 506 of the Indian Penal Code, 1860 (“IPC”), have approached this Court seeking to quash the criminal proceedings in C.C. No. 2950/2023, pending before the II Additional Civil Judge and JMFC, Chikkodi. 2. The prosecution alleges that the land bearing R.S. No. 588/1 to 10A/1 belongs to the complainant. On 09.09.2023, accused Nos.1 and 2 allegedly entered the land, cut the standing banana crop, and, upon being questioned by the complainant, abused and threatened him. 3. The learned counsel for respondent No.2 submits that the charge-sheet materials prima facie disclose the commission of the alleged offenses by the petitioners. He further contends that the veracity of these allegations should be determined during trial, and not in this petition, and therefore, seeks dismissal of the petition. 4. The contentions of the learned counsel for both parties have been duly considered. - 3 - NC: 2025:KHC-D:2446 CRL.P No. 102533 of 2024 5. Petitioner No.1 is the son of the de facto complainant, and Petitioner No.2 is his daughter-in-law. The dispute between the parties relates to the partition of the subject land, which is currently pending consideration in O.S. No. 393/2023. Additionally, the de facto complainant has filed an application seeking maintenance from his son, Petitioner No.1. 6. When a civil dispute regarding the partition of the subject land is already pending adjudication, the petitioners cannot be prosecuted solely based on the allegation that they cut the banana crop grown on the said land. The dispute is essentially civil in nature, but has been given a criminal color with an intent to harass the petitioners. 7. Under these circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed, and the criminal proceedings in C.C. No. 2950/2023 pending before the learned II Additional Civil Judge and JMFC, Chikkodi, are hereby quashed. 9. All pending applications, if any, stand disposed of accordingly. ORDER i) Accordingly, the criminal petition is allowed. - 4 - NC: 2025:KHC-D:2446 CRL.P No. 102533 of 2024 ii) The criminal proceedings in C.C. No.2950/2023 pending on the file of the II Additional Civil Judge and JMFC, Chikodi, insofar as it relates to petitioners/accused Nos.1 and 2, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 36