Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 4576 OF 2022 BETWEEN:
MADHUSUDHAN NAIDU, S/O SRI. M. APPAIAH, AGED ABOUT 32 YEARS, R/AT: NO. A-202 AND A-306, SEKHAR HYDE PARK APARTMENT, IMMADIHALLI VILLAGE, WHITEFIELD BENGALURU EAST TALUK - 560 066 …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS WHITEFIELD POLICE STATION BENGALURU - 560 066 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001
2.
RAVIKUMAR BELI S/O MAHADEVAPPA AGED ABOUT 40 YEARS R/AT # C -107, SHEKAR HYDEPARK APARTMENT IMMADIHALLI WHITEIFIELD BENGALURU - 560 066 …RESPONDENTS (BY SMT. SOWMYA .R., HCGP FOR R1, R2 - SD/-)
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11021/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, RURAL COURT, BENGALURU BENGALURU RURAL REGISTERED FOR THE OFFENCE P/U/S.448, 504, 506 R/W SEC.34 OF IPC PURSUANT TO FILING OF THE COMPLAINT IN CR.NO.262/2018 OF WHITEFIELD POLICE STATION.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER Petitioner being accused No.1 in Cr.No.262/2018 of Whitefield police station in CC No.11021/2018 on the file of the learned Additional Chief Judicial Magistrate Rural Court, Bengaluru, Bengaluru Rural, registered for the offences punishable under Sections 448, 504 and 506 R/w Section 34 of IPC is seeking to quash the criminal proceedings initiated against him.
2. Heard Sri. Rajashekar S, learned counsel for the petitioner, Smt.Sowmya R, learned High Court Government Pleader for the respondent No.1. Respondent No.2 - the informant even though served with notice, has remained
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
absent. Hence, his argument is taken as nil and perused the materials on record.
3. In view of the rival contentions urged by learned counsel for the petitioner and learned HCGP for respondent No.1, the point that would arise for my consideration is:
"Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: REASONS
4. Respondent No.2 as informant filed the first information with Whitefield police station against accused Nos.1 and 2 alleging commission of the offences punishable under Sections 448, 504 and 506 R/w Section 34 of IPC. It is alleged that on 30.06.2018, accused Nos.1 and 2 have illegally trespassed into the apartment. The occupants of the apartment tried to prevent them. The accused abused them in filthy language and criminally intimidated and thereby committed the offences.
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
5. FIR in Cr No.262/2018 came to be registered. It is stated that the investigation is completed and the charge sheet came to be filed. Petitioner is before this Court seeking to quash the criminal proceedings.
6.
Learned counsel for the petitioner contends that the petitioner is appointed as caretaker by the developer. He was working as the Manager, was managing the project, which is still not completed. Accused No.2 was the Engineer working under the developer. Therefore, accused Nos.1 and 2 were frequently visiting the apartment to complete the project. Now the project is already completed and it is handed over to the owners, who have already formed an association.
7.
Learned counsel also submits that the allegations were made against the developer, by the owners with an intention to get more benefits. At that juncture, the developer has filed the suit OS No.993/2018 seeking permanent injunction against the defendants therein, who are the owners of the apartments, including respondent No.2 herein.
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
8. It is stated that Civil Court has granted temporary injunction in favour of the developer, against respondent No.2 and others. The matter is still pending consideration before the Civil Court. It is stated that one more complaint came to be filed against the developer and others, making similar allegations, which was registered in Cr.No.69/2018 of Whitefield police station. The said criminal proceeding was quashed by this Court as per the order dated 08.11.2021 passed in Crl.P.No.3970/2019. All these facts are not in dispute.
9. The materials on record disclose that there was some dispute between the developer, his men and the owners/residents of apartment. Now it is stated that already the possession of the apartment is handed over to the Association of owners. The suit for permanent injunction filed by the developer against respondent No.2 and others is still pending consideration before the civil Court, while temporary injunction is granted. The materials also disclose that there was case and counter case filed by one another which were either ended in acquittal or quashing of the criminal proceedings.
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HC-KAR NC: 2026:KHC:829 CRL.P No. 4576 of 2022
10. Considering all these facts and circumstances, I am of the opinion that trivial difference between the parties must have resulted in registration of the criminal case and filing of the final report. It is nothing but abuse of process of law. Continuation of the criminal proceedings will not give any result. Therefore, the same is liable to be quashed.
11. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
(i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated in CC.No.11021/2018 (Cr.No.262/2018 of Whitefield police station) on the file of the learned Additional Chief Judicial Magistrate Rural Court, Bengaluru, Bengaluru Rural, registered for the offences punishable under Sections 448, 504 and 506 R/w Section 34 of Indian Penal Code, is hereby quashed against the petitioner.
Sd/- (M G UMA) JUDGE
BH CT:VS List No.: 1 Sl No.: 31