- 1 - HC-KAR NC: 2025:KHC:29931 CRL.P No. 3145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3145 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. VENKATESH. M SON OF BASHEETY MUNIYAPPA, AGED ABOUT 70 YEARS 2. KARTHIK V S/O VENKATESH AGED ABOUT 38 YEARS BOTH ARE RESIDING AT: BYALAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BENGALURU – 560 067. …PETITIONERS (BY SRI. ABHINAY Y T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, HIGH COURT OF KARNATAKA, BENGALURU – 560 002. 2. MANJUNATHA S/O MUNIYAPPA AGED ABOUT 44 YEARS RESIDING AT : 4TH CROSS, M.V. LAYOUT HOSAKOTE TOWN, HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 560 067. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. B.M. ARUN, FOR SRI. NATARAJ BABU.K, ADVOCATES FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29931 CRL.P No. 3145 of 2025 PROCEEDINGS IN CC.NO.609 OF 2013 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC , HOSAKOTE, BANGALORE RURAL DISTRICT FOR THE OFFENDES P/U/S. 506, 341, 34, 504, 323 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following relief: “To quash the proceedings in CC No.609/2013 pending before Principal Civil Judge and JMFC, Hosakote, Bengaluru Rural District for the offences punishable under Sections 506, 341, 34, 504, 323 of IPC, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 – defacto complainant instituted the aforesaid proceedings which is registered as FIR in Crime No.9/2013 against the petitioners – accused Nos.1 and 2 for the offences punishable under Sections 506, 341, 34, 504, 323 of IPC. After investigation, - 3 - HC-KAR NC: 2025:KHC:29931 CRL.P No. 3145 of 2025 charge sheet was filed, which is currently pending in C.C.No.609/2013 before the Trial Court. 4. A perusal of the FIR and complaint will indicate that necessary ingredients constituting the alleged offences are not forthcoming and conspicuously absent in the said documents. In addition thereto, in order to prove the guilt of the petitioners, respondent No.1-Police Authorities have cited only four witnesses i.e., CWs-3 to CW6 as eye witness; however, a perusal of the statement of said witnesses and the testimony of the complainant are also sufficient to indicate that necessary ingredients constituting the alleged offences are not made out as against the petitioners herein and in addition thereto, statement of witnesses contains several mutual inconsistencies, contradictions and discrepancies. Further the statements of said witnesses refer to a pending civil suit between the parties, which clearly shows that a civil dispute is sought to be given a criminal colour / flavour, which is impermissible in law. Learned counsel for respondent No.2 submits on instructions that he has no objection for the present petition to be allowed and the impugned proceedings to be quashed. The said submission is placed on record. Under these - 4 - HC-KAR NC: 2025:KHC:29931 CRL.P No. 3145 of 2025 circumstances, I am of the considered opinion that the impugned proceedings qua the petitioners deserves to be quashed. 5. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in C.C.No.609/2013 pending before the Principal Civil Judge and JMFC, Hosakote, Bengaluru Rural District, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 1