Karnataka High Court
Sri Nagaraj S M vs Smt Indulekha on 21 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:11923
CRL.P No. 1348 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 1348 OF 2022
(482(Cr.PC) / 528(BNSS))
BETWEEN:
SRI. NAGARAJ S.M
S/O. LATE. MUNIYAPPA
AGED ABOUT 39 YEARS
R/AT NO.126, 1ST MAIN
SINGAPURA VILLAGE
VIDYARANYAPURA POST
BANGALORE- 560097.
...PETITIONER
(BY SRI. R.S.RAVI, SENIOR ADVOCATE FOR
SRI. CHANDRAPPA V.,ADVOCATE)
AND:
1. SMT. INDULEKHA
W/O P.G JATHEESHKUMAR,
Digitally signed
AFGED ABOUT 48 YEARS
by LAKSHMI T
R/AT NO.113, DHANUSHA ENCLAVE,
Location: High CHIKKABETTAHALLI,
Court of VIDYARANYAPURA,
Karnataka BANGALORE CITY-560 097
KARNATAKA.
2. STATE OF KARNTAKA BY
VIDYARANYAPURA POLICE STATION
REP BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU- 560001.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R2,
R1 SERVED)
-2-
NC: 2025:KHC:11923
CRL.P No. 1348 of 2022
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ORDER PASSED BY THE LEARNED VIII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE IN
CR.NO.6/2021 WHICH IS REGISTERED IN C.C.NO.13839/2021
FOR THE OFFENCE P/U/S.471,341,504,506 R/W SEC.34 OF IPC
DATED 29.06.2021 AGAINST THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the proceedings in
CC.No.13839/2021, pending on the file of the Court of VIII
Additional Chief Metropolitan Magistrate, Bengaluru,
arising out of Crime No.6/2021 of Vidyaranyapura Police
Station.
2. FIR is registered for offences punishable under
Section 447, 341, 504, 506 read with Section 34 of IPC.
3. Heard the learned senior counsel appearing for
petitioner and learned High Court Government Pleader for
the State.
NC: 2025:KHC:11923
4. Respondent No.1/de-facto complainant is
served but unrepresented.
5. It is the case of prosecution that, site bearing
No.131, khata No.523/45 of Singapura Village was
purchased by the complaint from one V.Venkatesh through
GPA Holder by name K.V.Naidu. The revenue documents
exists in favour of the complainant and she was in
possession of the said site. It is alleged that on
17.01.2021, when the complainant came to the said site,
at about 1.00 p.m., accused Nos.1 and 2 trespassed into
her property, abused her in filthy language and threatened
with dire consequences etc.
6. The learned senior counsel contended that
petitioner's family members are the owners and in
possession of land bearing Sy.No.45 measuring 1 acre 28
guntas situated at Singapura Village. They filed
OS.No.6526/2011 for partition and separate possession
and the said suit is still pending for consideration. He
contended that, prior to lodging of the present complaint,
NC: 2025:KHC:11923
respondent No.1/complainant filed a suit in
OS.No.4820/2017 in respect of the property in question,
seeking relief of permanent injunction against the
petitioner, there was no interim injunction granted in the
said suit and subsequently vide judgment dated
07.04.2022, the said suit was dismissed by the Civil Court.
7. A copy of the judgment dated 07.04.2022
passed in OS.No.4820/2017 is furnished. The subject
matter of the suit is Site bearing No.131 formed in
Sy.No.45 of Singapura village, Yelahanka Hobli, Bangalore
North Taluk.
8. From the averments in the complaint and
charge sheet material, it cannot be said that these
petitioners have trespassed into the property and
committed the offence as alleged by respondent
No.2/complainant. The matter is purely civil in nature.
Respondent No.2 has to work out his remedy before the
Civil Court. The proceedings initiated against the petitioner
NC: 2025:KHC:11923
is nothing but an abuse of process of law. Hence, the
following:
ORDER
i. Petition is allowed.
ii. The entire proceedings in
CC.No.13839/2021 pending on the file of
VIII Additional Chief Metropolitan
Magistrate, arising out of Crime No.6/2021
of Vidyaranyapura Police Station, Bangalore
City, as against the petitioner is quashed.
iii. It is made clear that rights of the parties in
respect of the property in question has to be
decided by the Civil Court.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
PK
