Criminal Petition No. 2424 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.2424 OF 2023 C/W CRIMINAL PETITION NO.7085 OF 2022 IN CRL.P No.2424/2023 BETWEEN: 1. RAVINAIKA S/O AJJA NAIKA AGED ABOUT 45 YEARS. 2. SURESHNAIKA S/O LATE KITTUNAIKA, AGED ABOUT 38 YEARS. 3. RAJANAIKA S/O PAPLANAIKA AGED ABOUT 50 YEARS. 4. LEELA BAI @ MEENAKSHI BAI W/O RAJANAIKA AGED ABOUT 48 YEARS. 5. KAMALI BAI W/O LATE KRISHNANAIKA AGED ABOUT 60 YEARS. 6. ANANDANAIK S/O KAMALANAIK AGED ABOUT 35 YEARS. 7. DASHARATANAIKA S/O CHANDRANAIKA, AGED ABOUT 41 YEARS. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 8. RENUKABAI W/O RAVINAIKA, AGED ABOUT 38 YEARS. 9. VINODABAI W/O SURESHANAIK, AGED ABOUT 40 YEARS. 10. SHANTARAJA S/O LATE LAXMIPATI, AGED ABOUT 60 YEARS. ALL ARE R/AT BOMMENAHALLI THANDA VILLAGE, DAVANAGERE TALUK - 577 001.
Legal Reasoning
warranting interference by this Court in present petitions.
Arguments
(BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. THE STATE BY MAYAKONDA POLICE STATION, DAVANAGERE DISTRICT, REP. BY THE S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. 2. B.G. CHANDRASHEKHARAPPA S/O GOPALNAIKA, AGED ABOUT 50 YEARS, R/AT BOMMENAHALLI THANDA VILLAGE, DAVANAGERE TALUK - 577 001. …PETITIONERS …RESPONDENTS (BY SRI THEJESH P., HCGP FOR R1; SRI. MOHAMMED TAHIR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FINAL REPORT FILED BY THE RESPONDENT NO.1 IN CRIME NO.67/2022 REGISTERED BY THE MAYOKONDA POLICE STATION, DAVANAGERE AND ALSO QUASH THE ENTIRE PROCEEDINGS IN - 3 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 C.C.NO.7099/2022 PENDING BEFORE THE I ADDITIONAL CIVIL JUDGE AND JMFC., DAVANAGERE. IN CRL.P NO.7085/2022 BETWEEN: CHANDRASHEKARAPPA B.G. S/O GOPAL NAIK AGED ABOUT 50 YEARS, A PROFESSIONAL ADVOCATE R/AT BOMMENAHALLI THANDA VILLAGE, DAVANAGERE - 577 219. ...PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY MAYAKONDA POLICE STATION REP. BY SPL. PUBLIC PROSECUTOR OFFICE AT: ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BENGALURU - 560 001. 2. MEENAKSHIBAI W/O RAJANAIK AGED ABOUT 40 YEARS, R/AT BOMMANAHALLI, THANDA VILLAGE, DAVANAGERE - 577 219. (BY SRI. THEJESH, HCGP FOR R1; SRI. SHASHIDHARA, ADVOCATE FOR R2) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. DATED 27TH JUNE, 2022 AGAINST THE PETITIONER WHICH IS REGISTERED AS CRIME NO.68/2022 BY THE RESPONDENT POLICE AT ANNEXURE-A, WHICH IS PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC. COURT AT DAVANAGERE FOR THE OFFENCE PUNISHABLE - 4 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 UNDER SECTION 354(B) OF THE INDIAN PENAL CODE, WHEREIN THE PETITIONER IS ARRAIGNED IS SOLE ACCUSED. THESE PETITIONS COMING ON FOR ADMISSIONS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER In Criminal Petition No.2424 of 2023, petitioners seek following relief: "Quash the final report filed by the 1st Respondent in Crime No.67/2022 registered by the Mayakonda Police and also quash the entire proceedings in C.C. No.7099/2022 pending before the Hon'ble I Additional Civil Judge and JMFC., Davanagere in the interest of justice and equity." 2. Similarly, the petitioner in Criminal Petition No.7085 of 2022 seeks following relief: "Quash the FIR dated 27/06/2022 against the petitioner which is registered as Crime No.68/2022 by the respondent police at Annexure-A same is pending on the file of the 1st Addl. Civil Judge and JMFC Court at Davanagere for the offences punishable under Section 354(B), wherein the petitioner is arraigned as sole accused in the interest of justice and equity." 3. Heard learned counsel for the parties. - 5 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 4. A perusal of the material on record will indicate that, Sri. B.G. Chandrashekarappa filed a complaint against Ravi Naika S/o Ajja Naika and others, who are the petitioners in Criminal Petition No.2424 of 2023, which was registered as F.I.R. in Crime No.67/2022 and same is pending in C.C. No.7099/2022 before the learned Magistrate. So also, a counter complaint which has been filed by Smt. Meenakshi Bai was registered as F.I.R. in Crime No.68/2022 against the aforesaid B.G. Chandrashekarappa, who was the petitioner in Criminal Petition No.7085/2022. 5. In Criminal Petition No.2424 of 2023, petitioners are seeking to quash the proceedings arising out of Crime No.67/2022 registered by Mayakonda Police Station, Davanagere and in Criminal Petition No.7085 of 2022, the petitioner is seeking to quash the proceedings arising out of Crime No.68/2022 registered by Mayakonda Police Station, Davanagere. Both the proceedings are pending before the learned Magistrate in relation to very same parties. 6. A perusal of the material on record will indicate that the dispute between the parties is of civil in nature and in relation to - 6 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 immovable property, which is pending consideration before the competent Civil Court in Original Suit No.220 of 2022. 7. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions in the pending Original Suit No.220 of 2022, I am of the considered opinion that the dispute between the parties is essentially, predominantly and overwhelmingly of the civil nature/character as held by the Hon'ble Supreme Court in the case of LALIT CHATURVEDI AND OTHERS vs. STATE OF U.P. AND ANOTHER reported in 2024 SCC OnLine SC 171 and same has been given a criminal flavour/colour by way of present petitions and continuation of the same would amount to abuse of process of law
Decision
8. In the result, I pass the following: O R D E R 1) Criminal Petitions are allowed; 2) Impugned proceedings in Crime No.67/2022 registered by the Mayakonda Police Station, Davanagere pending in C.C. No.7099/2022 on the file of the I Additional Civil Judge and JMFC., - 7 - NC: 2025:KHC:5617 CRL.P No.2424 of 2023 C/W CRL.P No.7085 of 2022 Davanagere qua the petitioners in Criminal Petition No.2424 of 2023 are hereby quashed; 3) Impugned proceedings in Crime No.68/2022 registered by Mayakonda Police Station, Davanagere pending on the file of the I Additional Civil Judge and JMFC, Davanagere qua the petitioner in Criminal Petition No.7085 of 2022 are hereby quashed; 4) All rival contentions between the parties in Original Suit No.220 of 2022 are kept open and no opinion is expressed on the same. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 2 Sl No.: 6