- 1 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 11140 OF 2020 (GM-RES) BETWEEN: 1. D.S. GIRISH, S/O. LATE SOMEGOWDA, AGED ABOUT 46 YEARS, COFFEE PLANTER, DANIHALLI, AVATHI HOBLI/POST, CHIKMAGALURU - 577 101 2. SMT. SHOBHA, W/O. D.S. GIRISH AGED ABOUT 41 YEARS, DANIHALLI, AVATHI HOBLI/POST, CHIKMAGALURU - 577 101 3. POORVIK D.G. S/O D.S. GIRISH AGED ABOUT 20 YEARS, DANIHALLI, AVATHI HOBLI /POST, CHIKMAGALURU - 577 101 4. MAHESHA S/O. MOLAMMA (MOTHER) AGED ABOUT 28 YEARS, DANIHALLI, AVATHI HOBLI/POST, CHIKMAGALURU - 577 101 5. BASAVARAJ S/O BULDAIAH AGED ABOUT 28 YEARS, DANIHALLI, AVATHI HOBLI/POST, CHIKMAGALURU - 577 101 …PETITIONERS (BY SRI. ANIKETH K.U., ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 AND: 1. STATE OF KARNATAKA BY MALLANDURU POLICE STATION, MALLANDUR, CHIKKAMAGALORE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. D.G. KIRAN KUMAR S/O. LATE GIDDEGOWDA AGED ABOUT 40 YEARS, COFFEE PLANTER, DANIHALLI, AVATHI HOBLI/POST, CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SMT. SOWMYA .R., HCGP FOR R1 SRI. K. VIJAYA KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLIANT AND ENTIRE PROCEEDINGS IN CRIME NO.64/2020 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHIKKAMAGALURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 427, 447, 504, 506 OF IPC AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 ORAL ORDER The petitioners being accused Nos.1 to 5 in Crime No.64/2020 of Mallanduru Police Station on the file of the learned II Additional Senior Civil Judge and JMFC, Chikkamagalur, registered for the offences punishable under Sections 427, 447, 504 and 506 of Indian Penal Code (for short 'IPC') are seeking to quash the criminal proceedings initiated against them. 2. Heard Sri. Aniketh K V, learned counsel for Sri.Sachin B S, learned counsel for the petitioners, Smt.Soumya R, learned HCGP for respondent No.1 and Sri. K Vijaya Kumar, learned counsel for respondent No.2. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" - 4 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 My answer to the above point is in the 'Affirmative' for the following: REASONS 4. It is the contention of respondent No.2 - complainant that accused No.1 is his brother. The suit for partition was pending amongst them and finally decree came to be passed in FDP.No.26/2009. Sy.Nos.86/1 and 86/6 among other survey numbers were divided by metes and bounds and Sy.No.86/1 was allotted to the share of respondent No.2 - the defendant in the suit. Sy.No.86/6 was allotted to the share of petitioner No.1. 5. Petitioner No.1 filed the suit in OS.No.35/2020 on 09.01.2020 against respondent No.2 before the Trial Court in respect of Sy.No.87/1, 86/3 and 85/1 at Danihally Village seeking permanent injunction. It is stated that temporary injunction was granted by the Trial Court restraining respondent No.2 from forming the road illegally by encroaching the suit schedule properties mentioned above. It is stated that the said suit is still pending for defendants evidence. - 5 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 6. In the meantime, respondent No.2 filed First Information on 11.07.2020 with Mallanduru Police against accused Nos.1 to 5 alleging that accused No.1 along with his wife and son being accused Nos.2 and 3 and the labourers being accused Nos.4 and 5, illegally trespassed into Sy.No.86/1 measuring 0.01.04 gunta and tried to destroy the coffee plants. They were armed with sickle, and club and have gave life threat. Thereby, they have committed the offences punishable under Sections 427, 447, 504 and 506 of IPC. The FIR came to be registered as per Annexure-E against the petitioners and the investigation was undertaken. 7. Learned HCGP has produced a copy of spot panchanama drawn by Investigating Officer on the very same day of registration of FIR. As per this document, few silver and coffee plants were lying at the scene of occurrence. Apart from that, there are nothing to suggest the commission of offences. 8. Admittedly, no one sustained any injury in the incident. It is not in dispute that the final decree came to be passed in FDP.No.26/2009 during 2014 and since then the parties are in possession of their respective properties. - 6 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 9. It is the contention of defendants that they are in possession of Sy.No.86/1 of 0.01.04 gunta. This fact is not disputed by the petitioners, on the other hand, they admitted that Sy.No.86/1 referred to above belongs to respondent No.2, while adjacent Sy.Nos.85/1, 86/3 and 87/1 belongs to petitioner No.1 who had filed the suit for permanent injunction on 09.01.2020. 10. During the pendency of said suit in which petitioner No.1 had obtained temporary injunction, the FIR came to be filed on 11.07.2020. Admittedly, no one sustained any injury and there are nothing to suggest the commission of offences as stated, even though, the accused are said to be armed with deadly weapons i.e., sickle and clubs. There are no prima facie materials to constitute the offence under Section 447 of IPC. The offences under Sections 427, 504 and 506 of IPC are non- cognizance offences. 11. In view of the above, I am of the opinion that criminal case registered against the petitioners is liable to be quashed as no purpose would be served even if the investigation is completed and final repot is filed. - 7 - HC-KAR NC: 2026:KHC:67 WP No. 11140 of 2020 Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following: ORDER i) The petition is allowed. ii) The criminal proceedings initiated in Crime No.64/2020 of Mallanduru Police Station on the file of the learned II Additional Senior Civil Judge and JMFC, Chikkamagalur registered for the offences punishable under Sections 427, 447, 504 and 506 of Indian Penal Code, is hereby quashed against the petitioners - accused Nos.1 to 5. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 34