Karnataka High Court
Munishamappa vs State Of Karnataka on 25 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 9960 of 2024
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 9960 OF 2024
BETWEEN:
1. MUNISHAMAPPA,
S/O LATE NARAYANAPPA,
AGED ABOUT 54 YEARS,
2. SMT. NAGARATHNAMMA,
W/O MUNISHAMAPPA,
AGED ABOUT 52 YEARS,
3. SMT. SOWMYA,
D/O MUNISHAMAPPA,
AGED ABOUT 29 YEARS,
Digitally 4. SRI. RAJESH,
signed by S/O MUNISHAMAPPA,
MAYAGAIAH
VINUTHA AGED ABOUT 24 YEARS,
Location: High
Court of 5. SRI. LAVANYA,
Karnataka
S/O MUNISHAMAPPA,
AGED ABOUT 24 YEARS,
PETITIONERS 1, 2, 3, 4 AND 5
ARE ALL R/O ANEMADAGU
SHIDLAGHATTA,
CHIKKABALLAPURA,
KARNATAKA - 562 105.
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6. JAYARAMAPPA,
AGED ABOUT 48 YEARS,
S/O BYRAPPA,
R/AT BYPASS, NEAR EDIGA,
ANJANI LAYOUT,
SHIDLAGHATTA TOWN AND TALUK,
CHIKKABALLAPURA - 562 105.
...PETITIONERS
(BY SRI. MURALI N., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY
SHIDLAGHATTA POLICE STATION,
CHIKKABALLAPURA - 562 103.
REPRESENTED BY S.P.P.,
HIGH COURT BUILDING,
AMBEKDAR VEEDHI,
BANGALORE - 560 001.
2. SRI. NAGARAJ C,
AGED ABOUT 46 YEARS,
S/O CHINNAPPA,
R/O NANDI VILLAGE AND HOBLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA - 562 103.
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SRI. N.R.KRISHNAPPA, ADVOCATE FOR R-2)
***
THIS CRL.P. IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE FIR IN CRIME NO.99/2024
REGISTERED BY THE SHIDLAGHATTA POLICE STATION, WHICH
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CRL.P No. 9960 of 2024
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IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(SR.DN) AND CJM COURT, SIDLAGHATTA, CHIKKABALLAPURA
DISTRICT WHICH HAS BEEN FILED BY THE 1ST RESPONDENT
FOR THE OFFENCES P/U/S 408, 417, 420, 465, 467, 468, 471,
506 OF IPC AGAINST THE PETITIONERS; TO CALL FOR
RECORDS AND GRANT SUCH OTHER RELIEF/S DEEMS FIT BY
THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS CRL.P. 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 petitioners seek the following
reliefs:
"a) To quash the FIR in Crime No.99/2024
registered by the Shidlaghatta Police Station, which
is pending on the file of the Principal Civil Judge
(Sr.Dn) and CJM Court, Sidlaghatta,
Chikkaballapura District which has been filed by the
1st respondent for the offences p/u/s 408, 417,
420, 465, 467, 468, 471, 506 of IPC against the
petitioners;
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b) To call for records and grant such other relief/s
deems fit by this Hon'ble Court, in the interest of
justice and equity."
2. Heard the learned counsel for petitioners/accused
Nos.1 to 6 and learned counsel for respondents.
3. A perusal of the material on record will indicate
that there is a dispute in relation to the immovable
property, between the second respondent/complainant
and the petitioners herein/accused Nos.1 to 6, which is
presently pending in Appeal No.38/2023-24 filed by the
respondent No.2/complainant against the petitioners
herein before the Technical Assistant and Deputy Director
of Land Records (DDLR), Chikkaballapura, under Section
49(A) of the Karnataka Land Revenue Act, 1964.
4. It is an undisputed fact, as can be seen from the
memorandum of appeal that, the said appeal was filed on
16.03.2024, subsequent to which, the respondent No.2
filed the instant complaint against the petitioners/accused
Nos.1 to 6 on 13.07.2024, which is registered as FIR in
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Crime No.99/2024 for the offences punishable under
Sections 408, 417, 420, 465, 467, 468, 471 and 506 IPC.
5. A perusal of the aforesaid material on record and
the aforesaid facts and circumstances of the case will
clearly indicate that the dispute between the petitioners,
on the one hand and the respondent No.2, on the other
relate to immovable property in land bearing Sy.No.35/3
situate at T. Peddanahalli Village, Bashettahalli Hobli,
Shidlaghatta Taluk, Chikkaballapura District, which is
presently pending before the Deputy Director of Land
Records in Appeal No.38/2023-24.
6. It is therefore clear that the dispute between the
parties is essentially, overwhelmingly and predominantly
civil in nature relating to immovable property which
necessarily, is to be decided by the Deputy Director of
Land Records, who is seized of the matter.
7. Under these circumstances, the aforesaid civil
dispute relating to immovable property cannot be given a
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criminal colour/texture/flavour by way of the impugned
proceedings, which is impermissible in law, in the light of
the judgments of the Hon'ble Apex Court in the case of
(1) Naresh Kumar and Another Vs. State of Karnataka &
Another reported in 2024 INSC 196, (2) Lalith Chaturvedi
and others Vs. State of Uttar Pradesh and another,
reported in 2024 SCC OnLine SC 171; and (3) K. Bharathi
Devi and Another Vs. State of Telangana and Another,
reported in 2024 INSC 750.
8. In the result petition, I pass the following:
ORDER
i. The Criminal Petition is hereby allowed;
ii. The Complaint/FIR in Crime No.99/2024
dated 13.07.2024 of Shidlaghatta Town Police
Station, registered for the offences punishable
under Sections 408, 417, 420, 465, 468, 471
and 506 of IPC, pending on the file of the
Principal Civil Judge (Sr.Dn.) & CJM Court,
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Shidlaghatta, Chikkaballapura District, insofar
as the petitioners herein/accused Nos.1 to 6, is
hereby quashed;
iii. It is made clear that the quashment of the
impugned criminal proceedings against the
petitioners pursuant to complaint given by
respondent No.2 will not come in the way of
the parties working out their respective rights
before the competent authority;
iv. The Deputy Director of Land Records,
Chikkaballapura, before whom the appeal is
pending, is directed to dispose of the said
appeal, in accordance with law, after providing
sufficient and reasonable opportunity to both
petitioners as well as respondent No.2, as
expeditiously as possible;
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All rival contentions of both parties and all aspects of
the matter are kept open and no opinion is expressed on
the same.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMV*
