Criminal Petition No. 11016 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.11016 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT. SHAKUNTHALA W/O N NAGARAJAPPA AGED ABOUT 47 YEARS, RESIDING AT NAGENAHALLI, SINGANAYAKANAHALLI POST, YELAHANKA BANGALORE – 560 064. (BY SRI. BHASKAR GOWDA N M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION, REPRESENTED BY S P P HIGH COURT BUILDING, BENGALURU – 560 001. 2. SMT. N MANJULA D/O LATE D NARAYANAPPA, AGED ABOUT 45 YEARS, RESIDING AT 168, 3rd CROSS, BSV REDDY LAYOUT, RAMAMURTHY NAGAR, BANGALORE – 560 016. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka …PETITIONER
Legal Reasoning
warranting interference by this Court in the present petition. 10. Hence, the following:
Arguments
(BY SRI. THEJESH P., HCGP FOR R-1; SRI. KUMAR R.S, ADVOCATE FOR R-2) …RESPONDENTS - 2 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.58397/2023 ON THE FILE OF X ADDL.C.M.M., BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 354, 323, 448, 504, 506 R/W 34 OF IPC IN CR.NO.239/2023 BY RAMAMURTHYNAGAR POLICE AS PER ANNEXURES – A TO D BY ALLOWING THE ABOVE PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. 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, petitioner seeks the following reliefs: “a) Call for the records in C.C.No.58397/2023 on the file of X Additional Chief Metropolitan Magistrate, at Bangalore. b) To quash the Criminal Proceedings in C.C.No.58397/2023 on the file of X Additional Chief Metropolitan Magistrate, at Bangalore against the Petitioner for the offence punishable under Section 354, 323, 448, 504 506 and 34 of the Indian Penal Code in Crime No.0239/2023 by the Ramamurthynagar Police as per Annexure – A to D by allowing the above petition, in the interest of justice and equity. c) To pass any other order as this Hon’ble Court deems fit.” - 3 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1, learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner viz., Shankunthala was arraigned as accused No.2 in C.C.No.58397/2023 along with accused Nos.1 and 3, pursuant to FIR in Crime No.239/2023. The offences alleged against the petitioner and other accused are under Sections 354, 323, 448, 405, 506 r/w 34 of IPC. 4. In this context, learned counsel for the petitioner invited my attention to the order of this Court passed in Crl.P.No.11490/2023 dated 24.01.2025 as against accused Nos.1 and 3, in order to point out that in view of quashment of criminal proceedings qua accused Nos.1 and 3, the present petitioner who is accused No.2 in C.C.No.58397/2023 would be entitled to seek parity. 5. This Court in the case of Smt. Narayanamma and another Vs. The State of Karnataka and another – Crl.P.No.11490/2023 dated 24.01.2025, quashed the criminal - 4 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 proceedings qua accused Nos.1 and 3 (in C.C.No.58397/2023) has held as under: “This petition by accused Nos.1 and 3 in C.C.No.58397/2023 pending on the file of the X Additional Chief Metropolitan Magistrate, Bangalore, seeks quashing of the impugned proceedings for the offences punishable under Sections 354, 323, 448, 504, 506 and 34 of the Indian Penal Code, 1860. 2. Heard learned counsels for the parties and perused the material on record. The respondent No.2 having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that petitioner No.1 - accused No.3 is the mother of respondent No.2 - complainant, while petitioner No.2 - accused No.1 as well as accused No.2 are the brother and sister-in-law of respondent No.2 - complainant. 4. A perusal of the material on record will indicate that petitioner No.1 - accused No.3 being the mother of respondent No.2-complainant instituted the proceedings against respondent No.2 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking cancellation of a Gift Deed dated 21.03.2016 executed by petitioner No.1 in favour of respondent No.2. 5. After contest of the said proceedings by respondent No.2, Assistant Commissioner, vide final order dated 06.07.2022 allowed the said petition. It is submitted by learned counsel for the petitioners that respondent No.2 filed an appeal which was confirmed by the Deputy Commissioner - Appellate - 5 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 Authority and is pending before this Court. Subsequent to the aforesaid order dated 06.07.2022, respondent No.2 - complainant has also instituted one more suit in O.S.No.4942/2022 before the civil Court against the petitioners and accused No.2 for permanent injunction and other reliefs in relation to the very same property and an order of temporary injunction is passed in favour of respondent No.2 against the petitioners before the City Civil Court. 6. It is contended that despite the aforesaid civil proceedings and orders passed in the year 2022 itself, respondent No.2 - complainant has filed a private complaint dated 21.09.2023 with a malafide intention of converting an essentially civil dispute by giving it a criminal color, which is not permissible in law as held by the Apex Court in the case of Naresh Kumar and Another Vs. State of Karnataka and Another reported in [2024] 3 S.C.R. 740. It is therefore submitted that the impugned proceedings qua the petitioner deserve to be quashed. 7. Per contra, learned Additional State Public Prosecutor submits that there is no merit in the petition and the same is liable to be quashed. 8. As rightly contended by learned counsel for the petitioners, prior to respondent No.2 - complainant lodging the instant private complaint, the petitioner No.1 had already instituted proceedings against respondent No.2, her daughter under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which had culminated in favour of petitioner No.1 and pending before this Court; so also respondent No.2 has already approached the jurisdictional civil Court and obtained an order of temporary injunction in O.S.No.4942/2022 against the petitioners and accused No.2. - 6 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 9. It is therefore clear that the present complaint filed by respondent No.2 tantamounts to giving the criminal color to an essentially, predominantly and overwhelmingly civil dispute which is not permissible in law as held by the Apex Court in Naresh Kumar's case and consequently, the impugned proceedings qua the petitioners would amount to abuse of process of law
Decision
ORDER a) b) The petition is hereby allowed. The impugned proceedings in C.C.No.58397/2023 pending on the file of the X Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 354, 323, 448, 504, 506 and 34 of IPC, insofar as the petitioners are concerned are quashed.” 6. In the instant case, it is an undisputed fact that proceedings as against accused Nos.1 and 3 has been quashed by this Court in Crl.P.No.11490/2023 and consequently, by applying the doctrine of parity, proceedings against the petitioner – accused No.2 in this petition also deserves to be quashed. 7. In the result, I pass the following: ORDER (i) Petition is hereby allowed. - 7 - NC: 2025:KHC:3926 CRL.P No. 11016 of 2023 (ii) The proceedings in C.C.No.58397/2023 arising out of FIR in Crime No.239/2023 registered by the 1st respondent – Police, pending on the file of the X Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 354, 323, 448, 504, 505 r/w 34 of IPC insofar as the petitioner – accused No.2 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 32