- 1 - HC-KAR NC: 2025:KHC:25370 CRL.P No. 4625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4625 OF 2025 BETWEEN: 1. MOHAMMED HANEEF S/O. ISMAIL AGED ABOUT 67 YEARS, 2. MOHAMMED ANWAR SADATH S/O. MOHAMMED HANEEF AGED ABOUT 34 YEARS, 3. ISMAIL AYYUB S/O. MOHAMMED HANEEF AGED ABOUT 29 YEARS, 4. MOHAMMED ASHRAF S/O. MOHAMMED HANEEF AGED ABOUT 23 YEARS 5. FATHIMATH BUSHRA, D/O. MOHAMMED HANEEF, AGED ABOUT 30 YEARS, 6. MAIMOONA W/O. MAHAMMAD HANEEF AGED ABOUT 56 YEARS ALL ARE R/AT H.NO-14-283/77A(4), TALAPADY HOUSE, MAFTHLAL LAYOUT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25370 CRL.P No. 4625 of 2025 B.MOODA VILLAGE, JODUMARGA, BANTWALA TALUK, D.K - 574 219. …PETITIONERS (BY SRI. ABDUL ANSAR P, ADVOCATE) AND: 1. THE STATE BANTWALA TOWN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 01. 2. MRS. SHAHANAZ W/O. MOHAMMAD JUNAID, AGED ABOUT 30 YEARS, R/O. THALAPADI, MAHAFATHLAR B. MOODA VILLAGE, BANTWALA TALUK, DAKSHINA KANNADA - 574 211. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.16/2025 REGISTERED BY RESPONDENT BANTWALA RURAL POLICE STATION, FOR THE ALLEGED OFFENCES UNDER SECTIONS 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 OF BNS, 2023 PENDING IN THE FILE OF HONBLE COURT OF ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25370 CRL.P No. 4625 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks the following relief: "Wherefore, it is humbly prayed that the Honorable Court may kindly be pleased to quash the FIR and Complaint in Crime No.16/2025 registered by Respondent Bantwala rural police station, for the alleged offences under Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 of BNS, 2023 pending in the file of Hon'ble Court of Additional Civil Judge (Jr.Dn) & JMFC Court in the interest of justice." Respondent No.2 served and unrepresented. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed an impugned complaint dated 17.02.2025 registered as an FIR in Cr.No.16/2025 for alleged offences punishable under Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 of BNS, 2023. 4. In this context, a perusal of the impugned complaint and FIR will indicate that necessary ingredients - 4 - HC-KAR NC: 2025:KHC:25370 CRL.P No. 4625 of 2025 constituting the impugned offences are conspicuously absent, and the same are not forthcoming from the material on record. In addition thereto, the dispute between the parties is in relation to immovable property being purely civil in nature which is sought to be given a criminal colour/flavour as evident from the documents at Annexure-D Notice dated 21.01.2025, Annexure-E Legal Reply Notice dated 29.01.2025, Annexure-F Town Municipality Notice-2 dated 29.01.2025 and Annexure-G Reply Notice dated 05.02.2025, all of which came into existence prior to the impugned complaint and FIR. 5. Under these circumstances, I am of the considered opinion that the continuation of the impugned FIR, complaint, and all further proceedings pursuant thereto would amount to abuse of process of law warranting interference in the present petition. As a result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned complaint dated 17.02.2025 registered as an FIR in Cr.No.16/2025 for alleged offences punishable under Sections - 5 - HC-KAR NC: 2025:KHC:25370 CRL.P No. 4625 of 2025 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352, 74 of BNS, 2023 is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 31 CT: BHK