- 1 - NC: 2025:KHC-D:2097 CRL.P No. 103664 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103664 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. MILIND SINDE PATIL, AGE: 59 YEARS, OCC: SERVICE, R/O: NEAR MARUTI KATTE, INP ROAD, BAITHKOL, KARWAR, UTTAR KANNADA-581 301, NOW RESIDING AT #204, SHIVARAJ APARTMENT, SECTOR 20 B, AROLI, MUMBAI, MAHARASHTRA-413 305. … PETITIONER (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH KARWAR CIRCLE PS, UTTAR KANNADA-581 301. 2. SHRI. SHYAM SINDE PATIL, AGE: 68 YEARS, OCC: RETIRED, R/O: NEAR MARUTI KATTE, INP ROAD, BAITHKOL, KARWAR, UTTAR KANNADA-581 301, NOW RESIDING AT TARUN BHARAT AREA, CHAKARA, ANDERI EARST-MUMBAI, MAHARASHTRA, MAHARASHTRA-400 069. … RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASHING THE PROCEEDINGS IN C.C. NO.183/2018 PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, KARWAR, PURSUANT TO FILING OF CHARGE SHEET FILED BY B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:05 +0530 - 2 - NC: 2025:KHC-D:2097 CRL.P No. 103664 of 2022 KARWAR CIRCLE PS IN CRIME NO.117/2017 DATED: 22.03.2018 U/S 504, 323, 506 OF IPC. 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 petitioner has been charge-sheeted for offences punishable under Sections 504, 323, and 506 of the Indian Penal Code (IPC). 2. The prosecution alleges that on 16.05.2017, the petitioner criminally trespassed into the house belonging to the de facto complainant, verbally abused him, threatened him with dire consequences, and assaulted him, causing simple injuries. 3. Despite being served with notice, respondent No.2 has neither appeared in person nor through counsel. Hence, he is placed ex parte. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. Upon perusal of the charge-sheet materials, it is evident that the alleged incident occurred on 16.05.2017. However, respondent No.2, instead of approaching the jurisdictional police, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on 18.06.2017, more than one month after the incident. No plausible explanation has been offered for the delay in lodging the complaint. - 3 - NC: 2025:KHC-D:2097 CRL.P No. 103664 of 2022 6. Furthermore, the petitioner and the de facto complainant are brothers and have an ongoing dispute regarding the distribution of horticultural produce. The house into which the petitioner is alleged to have criminally trespassed is ancestral property, and the petitioner asserts that he also has a legitimate share in the said property. 7. In view of the above circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER a) The petition is allowed. b) The impugned proceedings in CC No.183/2018 pending on the file of learned Chief Judicial Magistrate, Karwar, insofar it relates to the petitioner is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:BCK LIST NO.: 1 SL NO.: 38