Kodendera Nikil Kariappa @ K Nikil M ... vs The State Of Karnataka
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Karnataka High Court

Kodendera Nikil Kariappa @ K Nikil M ... vs The State Of Karnataka on 8 January, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                               NC: 2025:KHC:456
                                                        CRL.P No. 7938 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF JANUARY, 2025

                                            BEFORE
                        THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                    CRIMINAL PETITION NO. 7938 OF 2023 (482(Cr.PC) / 528(BNSS)
               BETWEEN:

               KODENDERA NIKIL KARIAPPA @ K NIKIL M CARIAPPA,
               S/O KODANDERA C MEDAPPA,
               AGED 33 YEARS
               R/O LAKUNDA ESTATE,
               KOTHUR VILLAGE,
               PONNAMPET TALUK,
               KODAGU DISTRICT - 571201
                                                                  ...PETITIONER
               (BY SRI. VINITHA P C., ADVOCATE)

               AND:

               1.     THE STATE OF KARNATAKA
                      REPRESENTED BY KUTTA POLICE STATION,
                      KUTTA - 571201
                      REPRESENTED BY SPP,
                      HIGH COURT OF KARNATAKA
Digitally
signed by             BANGALORE - 560001
LEELAVATHI
SR             2.     KOTTANGADA VIJU DEVAIAH
Location:             W/O LATE K P DEVAIAH,
High Court
of Karnataka          AGED 54 YEARS,
                      R/AT UMAMHESHWARI LAYOUT,
                      JUICE FACTORY ROAD,
                      GONIKOPPA, VIRAJPET TALUK,
                      KODAGU DISTRICT - 571218
                                                               ...RESPONDENTS
               (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1
                R2 SERVED BUT UNREPRESENTED)

                    THIS CRL.P IS FILED U/S.482 PRAYING TO QUASH THE
               ENTIRE PROCEEDINGS IN CR.NO.8/2022 REGISTERED BY THE 1ST
               RESPONDENT KUTTA POLICE STATION FOR THE OFFENCE
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                                                 NC: 2025:KHC:456
                                          CRL.P No. 7938 of 2023




P/U/S.447, 379, 506 R/W SEC.34 OF IPC WHICH IS NOW PENDING
BEFORE THE CIVIL JUDGE AND JMFC PONNAMPET, IN
C.C.NO.2102/2022 IN SO FAR AS PETITIONER IS CONCERNED.

    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, the petitioner seeks quashing of the

proceedings in Crime No.8/2022 in which the petitioner is arraigned

as accused No.1 and for other reliefs.

2. Heard learned counsel for the petitioner and learned

HCGP for respondent No.1 and perused the material on record.

3. A perusal of the material on record will indicate that

petitioner's father has already instituted a suit in O.S.No.61/2017

as against respondent No.2 before the competent Civil Court and

there is no interim order of temporary injunction in favour of the

petitioner's father against respondent No.2-complainant.

4. It is contended that on 24.01.2020, as a counter blast

and in order to harass and intimidate the petitioner and his father,

respondent No.2 - complainant has filed the instant false and

frivolous complaint invoking Sections 447, 379, 506 read with

NC: 2025:KHC:456

Section 34 of IPC during the pendency of the civil suit by giving

criminal colour to the civil suit which is impermissible in law as held

by the Apex Court in the following judgments:

i) Naresh Kumar and Anr Vs. The State of Karnataka and Anr.1

ii) Paramjeet Batra Vs. State Of Uttarakhand & Ors.2

iii) Randheer Singh v. State of U.P.3

iv) Usha Chakraborty & Anr. v. State of West Bengal & Anr.4

5. It is therefore submitted that the continuation of the

instant proceedings as against the petitioner/accused No.1

tantamounts to abuse of process of Court and deserves to be

quashed.

6. Respondent No.2-complainant having been served

with notice of the petition, has chosen to remain unrepresented and

has not contested the proceedings.

2024 INSC 196 - Slp (Crl.) No.1570/2021

(2013) 11 SCC 673

(2021) 14 SCC 626

2023 SCC OnLine SC 90

NC: 2025:KHC:456

7. Before adverting to the submissions of learned counsel

for the petitioner, it is relevant to notice that on 07.09.2023, this

Court passed the following interim order:

"Sri. P.P.Hegde, learned Senior Counsel for the petitioner submits that FIR was lodged to circumvent the order of permanent injunction granted against respondent No.2 and others in O.S.No.61/2017 dated 24.01.2020.

Learned HCGP accepts notice for respondent No.1.

Issue emergent notice to respondent No.2.

Interim stay as prayed for insofar as it relates to petitioner-accused No.1 is granted, till the next date of hearing.

I.A.1/2023 stands allowed accordingly."

8. The aforesaid interim order continues to remain in

force even as on today. In addition thereto the material on record

discloses that the dispute between respondent No.2-complainant

and the petitioner and his father is predominantly and

overwhelmingly a civil dispute and the same has been given

criminal colour and as such, same deserves to be quashed as held

by the Apex Court in the identical circumstances in the aforesaid

judgments.

NC: 2025:KHC:456

9. Under these circumstances, the impugned

proceedings qua the petitioner deserves to be quashed.

10. In the result, I pass the following:

ORDER

i) The petition is hereby allowed.

ii) The proceedings pursuant to Crime No.8/2022 in

C.C.No.2102/2022 on the file of the Civil Judge and

JMFC, Ponnampet qua the petitioner are hereby

quashed.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

MDS