Karnataka High Court
Mrs. Padmavathi W/O Pundaleek ... vs The State Of Karnataka on 18 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-D:4994
CRL.P No. 103141 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103141 OF 2024
BETWEEN:
1. MRS. PADMAVATHI
W/O. PUNDALEEK MEERAJKAR,
AGE: 40 YEARS,
R/O: 11TH WARD, SHANTINAGAR,
HOSAPETE,
DIST: VIJAYANGAR - 583 201.
2. MRS. AMBIKA
W/O. MALLIKARJUNA,
AGE: 41 YEARS,
R/O: 11TH WARD,
TIRUMALA NAGAR,
NEAR RAITABHAVANA,
HOSAPETE,
DIST: VIJAYANGAR - 583 201.
...PETITIONERS
Digitally signed by
MOHANKUMAR B
(BY SRI MAQBOOLAHAMED M. PATIL, ADVOCATE)
SHELAR
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
AND:
1. THE STATE OF KARNATAKA,
THROUGH CHITTAWAGI PS,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DAHRWAD BENCH,
DHARWAD - 580 011.
2. ZEENATH P
W/O. MOHAMMAD ILIYAS,
AGE: 45 YEARS,
OCC: HOUSEHOLD,
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NC: 2025:KHC-D:4994
CRL.P No. 103141 of 2024
R/O: BESIDES BJP OFFICE,
4TH WARD,
PATEL NAGAR,
NEAR KRISHNA TEMPLE IN
COUNCILOR NARAYAN HOUSE,
TQ: HOSAPETE &
DIST: VIJAYNAGAR - 583 201.
...RESPONDENTS
(BY SRI RAMESH B. CHIGARI, AGA FOR R1;
NOTICE TO R2 IS SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C.
(U/S. 528 OF BNSS, 2023) SEEKING TO QUASH ENTIRE
PROCEEDINGS IN CC NO.344/2024 PENDING ON THE FILE OF PRL.
SR. CIVIL JUDGE AND JMFC, HOSAPETE WHEREIN THE CHARGE
SHEET IS FILED AGAINST THE PRESENT PETITIONERS FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 327, 323, 448, 504 R/W 34
OF IPC (CHITTAWADGI PS CRIME NO. 33/2024) INSOFAR AS THE
PRESENT PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2025:KHC-D:4994
CRL.P No. 103141 of 2024
ORAL ORDER
This petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C praying to quash entire proceedings in C.C.No.344/2024 pending on the file of the Principal Senior Civil Judge and JMFC, Hosapete registered for offences punishable under Sections 327, 323, 448, 504 read with Section 34 of Indian Penal Code (hereinafter referred to as "IPC" for brevity) arising out of Crime No.33/2024 of Chittavadagi Police Station.
2. Respondent No.2 has filed first information on 22.06.2024 against petitioners alleging that they broke lock of the house wherein respondent No.2 is residing and taken her valuables, cash and thrown her articles out side the house and when she came to the spot, she questioned petitioners and they assaulted her. The said complaint came to be registered in Crime No.33/2024 of Chittavadagi Police Station. The Police after investigation have filed charge sheet against petitioners for offences punishable under Sections 323, 504, 448, 327 read with -4- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024 Section 34 of IPC. Based on the said charge sheet, a case came to be registered against petitioners in C.C. No.344/2024 pending on the file of the Principal Senior Civil Judge and JMFC, Hosapete. The proceedings of the said criminal case are sought to be quashed in this petition.
3. Heard learned counsel for petitioners and learned AGA for respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.
4. Learned counsel for petitioners -accused Nos.1 and 2 would contend that the husband of petitioner No.1 has purchased property under sale deed dated 22.11.2022 and he has let it out to one Sri Abbas under lease deed dated 12.01.2024. The husband of the petitioner No.1 had filed suit in O.S.No.173/2024 against Abbas, respondent No.2 and another seeking possession of the property and it was pending on the file of the Additional Civil Judge and JMFC, Hosapete. He submits that the said -5- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024 suit was compromised between the husband of petitioner No.1 and Abbas (defendant No.1) and joint memo was filed stating that Abbas (defendant No.1) has given possession of the property to the husband of petitioner No.1 on 21.06.2024 and the suit was disposed of on 13.07.2024 according to the same. He submits that respondent No.2 was not in possession of the property as on 22.06.2024 therefore, the offences alleged are not attracted. He submits that the civil action given cloak of criminal offence. On that point he placed reliance on the decision of the Hon'ble Apex Court in the case of Prof. R.K Vijayadarathy and Another Vs Sudha Seetharam and Another1. He further submits that as petitioners are in possession of the property there is no question of criminal trespass and damaging of the property of the respondent No.1. On that point he placed reliance on the decision of the Co-Ordinate Bench of this Court in the case of Sri Shivaswamy and Others Vs The State of Karnataka 1 Reported in (2019) 16 SCC 739 -6- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024 and Another2. On these grounds, he prayed to allow the petition and quashing of the proceedings of criminal case No.344/2024 registered against petitioners.
5. Learned AGA for respondent No.1 -State would contend that C.W.9 is eye witness to the incident, who has seen petitioners throwing out articles belonging to respondent No.2 out of the house and intimating the same to respondent No.2, respondent No.2 coming to the spot and questioning petitioner and at that time, petitioners assaulting respondent No.2 with hands. He submits that Panchnama has been drawn wherein it is found that articles belonging to respondent No.2 were outside the house and lock was broken. He submits that there are no grounds for quashing of the proceedings. With these, he prays for dismissal of the petition.
6. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record.
2 Rendered in Crl.P No.2776/2022 disposed of on 08.07.2022 -7- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024
7. The copy of sale deed dated 22.11.2022 indicate that husband of petitioner No.1 has purchased the property in dispute. The copy of rent agreement dated 12.01.2024 indicate that the husband of petitioner No.1 let out his property to one Sri Abbas. The copy of plaint of O.S.No.173/2024 indicate that husband of petitioners No.1 Pundalik Meerajkar has filed suit against Abbas, respondent No.2 and another -Madin seeking relief of possession from the said three persons who are defendant Nos.1 to 3. In the said plaint it is shown that defendant Nos.2 and 3 i.e.Zeenath (respondent No.2 herein) and one Madin are sub-tenants in the property of husband of petitioner No.1 and that also indicate that defendant Nos.2 and 3 are in possession of property of husband of petitioner No.1. In the said suit respondent No.2 as defendant No.2 has appeared and sought time to engage counsel on 19.06.2024 and case was adjourned to 24.06.2024. On 24.06.2024, plaintiff and defendant No.1 have filed memo stating that case is settled and it was referred to Lok-Adalath to be held on 13.07.2024. In the -8- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024 said memo, it is stated defendant No.1 has vacated and handed over possession of the property of husband of petitioner No.1 to him on 21.06.2024 and that memo is signed by defendant No.1 -Abbas and the husband of petitioner No.1 -Pundalik and counsel for plaintiff. The said memo has not been signed by respondent No.2 who was defendant No.2 in the said suit. The incident has taken place on 22.06.2024, as on that date the suit filed by husband of petitioner No.1 against respondent No.2 and two others was pending. The same indicate that respondent No.2 was in possession of property of the husband of petitioner No.1 which is subject matter of O.S.No.173/2024. As respondent No.2 was in possession of the property of the husband of petitioner No.1, if petitioners enter that property it amounts criminal trespass. The mahazar drawn on the spot of the incident indicate that articles belonging to respondent No.2 were found out side of the said house and some are in damaged condition. The statement of C.W.9 indicate that she is eye witness to the incident who has stated regarding -9- NC: 2025:KHC-D:4994 CRL.P No. 103141 of 2024 petitioners throwing out articles out of the house and she intimating the same to respondent No.2, respondent No.2 coming to the spot and questioning petitioners and at that time, petitioners assaulting her with hands. Considering the said aspects, there is prima facie case against petitioners for offences alleged against them. It cannot be civil litigation given color of criminal offence as contended by learned counsel for petitioners. The decisions cited by petitioners will no apply to the case of petitioners. Petitioners have not made out any grounds for quashing of the proceedings as sought for.
8. In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 31