- 1 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6634 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI M A MOHAMMED AMANULLAH S/O LATE M.ABDULLA AGED 62 YEARS, R/AT NO.4, 2ND CROSS, NANDIDURGA ROAD, EXTENSION, BENSON TOWN, BENGALURU-560 064. …PETITIONER (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY J.C. NAGAR POLICE STATION BENGALURU-560 001 REP BY PUBLIC PROSECUTOR 2. MR.MOHAMMED UMER PASHA S/O MR.GULAB PASHA AGED 30 YEARS, R/AT NO.10/3, MC PHERSON ROAD, COOKE TOWN, BENGALURU-560 005. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.R.OM KUMAR, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 THIS CRL.P IS FILED U/S.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT, FIR AND CHARGE SHEET IN C.C.NO.12480/2021 AND ALL FURTHER PROCEEDINGS (ANNEXURE A,B,C) SO FAR AS THE PETITIONER IS CONCERNED, PENDING BEFORE THE VIII A.C.M.M., AT BENGALURU IN CR.NO.18/2020 FOR THE OFFENCE P/U/S 149,323,427,447,504,506 OF IPC FILED BY THE J.C NAGAR POLICE STATION, BANGALORE FOR COST OF THIS PROCEEDINGS. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.2 has filed this petition under the Section 482 of the Code of Criminal Procedure with a prayer to quash the criminal proceeding initiated against him in C.C.No.12480/2021 on the file of VIII ACMM, Bengaluru and consequent complaint and FIR in Cr.No.18/2020 of J.C.Nagar PS for the offence punishable under Sections 149, 323, 427, 447, 504 and 506 IPC. 2. In support of the petition, petitioner has contended that property No.10 (old No.15), Millers Road, - 3 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 Bengaluru, originally belong to Dr.S.Sheshadri. He sold the same in favour of one Shivakumar through registered sale deed dated 12.03.1973. In turn Shivakumar sold a portion of it bearing No.10/3 [carved out of No.10 (old No.15)] in favour of petitioner M.A. Mohammad Amanulla and his brother M.A.Sanaulla through registered sale deed dated 25.08.1973. They are in possession and enjoyment of the said property since from the date of sale. 2.1 However, respondent No.2 Umar Mohammad Pasha and his father Gulab Pasha created a bogus and fraudulent document styled as "Declaration of oral gift/Hiba dated 11.03.1987", purported to be executed by the petitioner and his brother in favour of Gulab Pasha. Based on the same, Gulab Pasha has executed a registered gift deed dated 21.03.2019 and got Khata changed. However, petitioner and his brother are in possession and enjoyment of the said property. Based on the concocted documents, respondent No.2 filed O.S.No.5315/2019 against some third parties and secured temporary injunction. In turn - 4 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 petitioner and his brother have filed O.S.No.26380/2019 for declaration and injunction and status-quo order is granted. 2.2 In order to dispossess the petitioner and his brother, respondent No.2 has filed O.S.No.795/2020 on the file of City Civil Court, Bengaluru (CCH-23). Violating the interim orders, on 17.02.2020, respondent No.2 forcibly entered the scheduled property with 20 henchmen and removed the petitioner's workmen and their articles and demolished the old building. The concerned police have not taken any action. Petitioner and his brother have sought for restoration of possession in O.S.No.26380/2019. Apprehending action by the Civil Court, respondent No.2 has filed a false complaint in Cr.No.17/2020 and charge sheet is filed in C.C.No.12476/2021, alleging forcible demolition of old structure and construction of new building. Due to the inaction of respondent No.1 police, petitioner was forced to - 5 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 file W.P.No.11578/2021 for a direction to maintain status- quo. 2.3 In order to cover up his illegal act, respondent No.2 has filed complaint in Cr.No.18/2020 of J.C.Nagar PS for the offence punishable under Sections 149, 323, 427, 447, 504 and 506 IPC and charge sheet is filed in C.C.No.12480/2021. Aggrieved by the same, the present petition is filed on the following: GROUNDS (i) The complaint, resultant FIR and charge sheet are not sustainable and liable to be quashed. The complaint averments does not disclose commission of offences punishable under Sections 149, 323, 427, 447, 504 and 506 IPC. There is civil dispute between the parties which is trying to be given a cloak of criminality. In the light of the ratio in Bhajanlal, the impugned proceedings are liable to be quashed. - 6 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 (ii) The order taking cognizance is very cryptic and non-speaking. There is total non application of mind. It is the petitioner and his brother who are the owners of the property in dispute. They have nothing to do with complainant or his father for making alleged gift of property in dispute. The alleged memorandum of oral gift is a sham and bogus document and the signatures of petitioners and his brother are forged. Consequent registered gift deed by the father of respondent No.2 in his favour is also not valid. On 17.02.2020, respondent No.2 along with 20 henchmen has forcefully entered the scheduled property and attempted to take possession. In this regard, complaint is filed against respondent No.2. Civil suits are pending between the parties. In the above facts and circumstances, the continuation of the proceedings would amount to abuse of the process of the Court and hence the petition. 3. On the other hand learned High Court Government Pleader for respondent No.1 State and - 7 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 learned counsel for respondent No.2 would submit that respondent No.2 is the absolute owner and he and his family members are in possession of the property in dispute since 1986. Due to jealousy and vengeance, accused No.3 Ashraf Pasha, who is the elder of the family has instigated the other accused and on 17.02.2020, at 11.00 a.m, all the accused persons including the petitioner trespassed into the property and tried to forcibly evict respondent No.2 from the scheduled property. Civil suits are pending between them. Anticipating breach of peace, police promulgated curfew under Section 107 of Police Act, to maintain tranquility and public safety. At the instigation of accused No.3 M.A. Ashraf Pasha, petitioner has filed suit. Despite status-quo order, the accused persons tried to dispossess the respondent No.2 and hence, the complaint. 4.1 Based on the complaint, the concerned police registered case in Cr.No.18/2020 and after conducting detailed investigation, filed charge sheet against accused - 8 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 Nos.1 to 10 including the petitioner. There is prima facie material to proceed against all the accused persons including the petitioner. Even though the main dispute between the parties is civil in nature, in the light of the specific allegations of trespass and other offences, matter requires a detailed trial and it is not a case for quashing and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. It is an undisputed fact that the property No.10 (old No.15) measuring 54+80 x 50+62 originally belong to 2 2 Dr.S.Sheshadri. He sold the same in favour of N.Shivakumar through registered sale deed dated 12.03.1973. In turn N.Shivakumar sold it in favour of petitioner M.A. Mohammad Amanulla and his brother M.A.Sanaulla, through registered sale deed dated 25.08.1973. 6. While petitioner and his brother claim that they are in possession and enjoyment of the said property, - 9 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 respondent No.2 claim that petitioner M.A. Mohammad Amanulla and his brother M.A.Sanaulla executed a oral gift in favour of Gulab Pasha, the father of respondent No.2 and put him in possession. This fact is reflected through the Declaration of oral gift/Hiba dated 11.03.1987 signed by them. In turn Gulab Pasha has executed a registered gift deed dated 21.03.2019 in favour of respondent No.2 and he is in possession and enjoyment of the same. 7. Respondent No.2 has alleged that subsequently, the petitioner M.A. Mohammad Amanulla and his brother M.A.Sanaulla being instigated by their brother accused No.3 Ashraf Pasha started disputing the fact of oral gift and putting Gulab Pasha in possession of property in dispute and started interfering and attempted to dispossess him. Therefore, he filed complaints which came to be registered in Cr.No.17/2020 and Cr.No.18/2020 and after conducting detailed investigation, charge sheets are filed. - 10 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 8. Admittedly, civil suits are pending between the parties. The material placed in the charge sheet makes out a strong prima facie case. Even though the main dispute between the parties is civil in nature and both parties claim to be in possession, there are allegations and counter allegations of interference. There are eye witnesses to the alleged incident, wherein petitioner and other accused tried to dispossess respondent No.2. 9. In fact a charge sheet in C.C.No.12476/2021 is also filed against respondent No.2 based on the complaint filed by petitioner who is accused No.2. In the light of the evidence placed on record in the charge sheet, there is prima facie case made out which requires to be established by the prosecution in a full fledged trial and as such the criminal proceedings cannot be quashed and accordingly, the following: - 11 - HC-KAR NC: 2025:KHC:36029 CRL.P No. 6634 of 2021 ORDER (i) Petition filed by the petitioner/accused No.2 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 34