S. Jayakumar S/O.Late S. Basavarajaiah Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

S. Jayakumar S/O.Late S. Basavarajaiah Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitions allowed; impugned criminal proceedings quashed insofar as the petitioners are concerned: (i) proceedings in PC No.66/2021 quashed qua accused Nos.1, 3 to 9 (Crl.P No.100543 of 2022); (ii) proceedings in PC No.65/2021 quashed qua accused Nos.1 and 3 (Crl.P No.100541 of 2022); (iii) proceedings in CC No.518/2020 quashed qua accused Nos.1 and 2 (Crl.P No.100343 of 2022).

Issue for consideration

Whether criminal proceedings founded on allegations of trespass, assault and abuse can be continued when the question of title to the subject land is pending consideration before the jurisdictional Civil Court, or whether their continuation amounts to an abuse of the process of law warranting quashing under Section 482 Cr.P.C.

Court's answer

When the issue of title to the subject land is under consideration before the Civil Court, criminal proceedings cannot be continued on the ground that the petitioners have illegally trespassed onto the subject land.

Ratio / Principle

The dispute between the parties is purely civil in nature, as evidenced by the pending suits.

Key takeaways

The cases and counter-cases filed against the petitioners appear to be motivated by a desire for vengeance.ratio¶¶74
Continuation of the criminal proceedings would amount to an abuse of the process of law.ratio¶¶74

Detailed headnote1 paragraphs

Criminal Petitions (S.482 Cr.P.C.) - Private complaint cases PC No.66/2021 and PC No.65/2021 (offences punishable under Sections 447, 419, 417, 420, 504, 511 and 506 IPC) and charge sheet in CC No.518/2020 / FIR in Crime No.12/2020 (Sections 323, 341, 447, 504, 506 and 34 IPC) - disputes inter se between brothers over subject land; question of title pending before jurisdictional Civil Court in OS No.5/2014 and OS No.4/2015 (one for partition, one for declaration of title); temporary injunction operating against petitioners - Held: dispute purely civil in nature; cases and counter-cases appear motivated by desire for vengeance; when issue of title under consideration, criminal proceedings cannot be continued on ground of illegal trespass, and their continuation amounts to abuse of the process of law - impugned proceedings quashed insofar as petitioners concerned.

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF JANUARY, 2025 BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100543 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100343 OF 2022 CRIMINAL PETITION NO. 100541 OF 2022

IN CRL.P. NO.100543 OF 2022:

BETWEEN:

S. JAYAKUMAR S/O. LATE S. BASAVARAJAIAH AGED ABOUT 59 YEARS, RETIRED JSW EMPLOYEE, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

Digitally signed by B K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:43 +0530

SMT. S. SOUNDARYA W/O. RAHUL MUNGEKAR, D/O. S. JAYAKUMAR, AGED ABOUT 27 YEARS, HOUSEWIFE, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

SRI. RAMANJINEYALU S/O. KALAVALLI YARRISWAMY, AGED ABOUT 48 YEARS, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

SRI. NALAGARA DADASAHEB S/O. NALAGARA SAYAD SAB, AGED ABOUT 48 YEARS, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

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SRI. B. SUNIL @ UMA SHANKAR S/O. LATE B. SATHYAPPA, AGED ABOUT 38 YEARS, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

SRI. ABDUL S/O. BASHA SAB AGED ABOUT 35 YEARS, OCC. AGRICULTURE, PROPRIETOR OF AYESHA ELECTRONICS, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

SRI. NARASIMHA S/O. DODDA BASAPPA AGED ABOUT 58 YEARS, OCC. JSW CONTRACTOR, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

SRI. PAMPAPATHI S/O. MUKABASAPPA AGED ABOUT 47 YEARS, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

…PETITIONERS

(BY SRI. SRINAND A. PACHHAPURE, SMT. PALLAVI S.PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES)

AND:

THE STATE OF KARNATAKA THROUGH POLICE SUB-INSPECTOR, THORANAGALLU POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580001.

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

SRI. S. RAVICHANDRA S/O. LATE BASAVARAJAIAH, AGE. 52 YEARS, OCC. ADVOCATE AND AGRICULTURE, R/O. LAKSHMIVENKATESHWARA NILAYA, ALLAM LAYOUT, MOKA ROAD, BALLARI, PERMANENT RESIDENT OF VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119.

…RESPONDENTS

(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. ANWAR BASHA B., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN P.C.NO.66/2021 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC, SANDUR REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/S 447, 419, 417, 420, 504, 511 AND 506 OF IPC, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONERS ARE CONCERNED.

IN CRL.P. NO.100343 OF 2022:

BETWEEN:

RAVICHANDRA S. @ RAVI S/O. BASAVARAJAYYA S.,

AGE. 45 YEARS, OCC. LAW PRACTITIONER.

SMT. CHAITHANYA B.M. W/O. RAVICHANDRA S.,

AGE. 40 YEARS, OCC. HOUSE WIFE,

BOTH ARE R/O. BELLARY, VADDU VILLAGE, BALLARI-583118.

…PETITIONERS

(BY SRI. B ANWAR BASHA, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH THORANAGAL POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR,

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

HIGH COURT OF KARNATAKA, DHARWAD-580001.

S. JAYAKUMAR S/O. S. BASAVARAJAYYA AGE. 57 YEARS, OCC. FACTORY WORKER, R/O. VADDU VILLAGE, SANDUR TALUK, BALLARI DIST-583112.

…RESPONDENTS

(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SRINAND A.PACHHAPURE, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE CHARGE SHEET IN CC NO.518/2020 AND FIR IN CRIME NO.12/2020 BY THORANAGAL POLICE STATION PENDING BEFORE CIVIL JUDGE AND JMFC SANDUR AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN THE INTEREST OF JUSTICE FOR THE OFFENCE PUNISHABLE U/S 323, 341, 447, 504, 506, 34 OF IPC., IN SO FOR PETITIONER/A1 AND A2 ARE CONCERNED.

IN CRL.P. NO.100541 OF 2022:

BETWEEN:

S. JAYAKUMAR S/O LATE S. BASAVARAJAIAH, AGED ABOUT 59 YEARS, RETIRED JSW EMPLOYEE, R/O: VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583 119.

SMT. S. SOUNDARYA W/O RAHUL MUNGEKAR D/O S. JAYAKUMAR, AGED ABOUT 27 YEARS, HOUSEWIFE R/O: VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT- 583 119.

…PETITIONERS

(BY SRI. SRINAND A. PACHHAPURE, SMT. PALLAVI S. PACHHAPURE AND SRI. RAJENDRA R. PATIL, ADVOCATES)

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

AND:

THE STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR THORANAGALLU POLICE STATION NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD- 580 001.

SRI. S. RAVICHANDRA S/O LATE BASAVARAJAIAH, AGE: 52 YEARS, OCC: ADVOCATE AND AGRICULTURE, R/O: LAKSHMIVENKATESHWARA NILAYA, ALLAM LAYOUT, MOKA ROAD, BALLARI, PERMANENT RESIDENT OF VADDU VILLAGE, THORANAGALLI HAMLET, TAL: SANDUR, DIST: BALLARI-583 119.

…RESPONDENTS

(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. ANWAR BASHA B., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.NO.65/2021 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC, SANDUR REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 447, 419, 417, 420, 504, 511 AND 506 OF IPC, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE.

THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

ORAL ORDER

Crl.P No. 100543 of 2022 and CRL.P No. 100541 of 2022:

During the currency of the temporary injunction order operating against the petitioners in OS No.5/2014 and OS No.4/2015, the petitioners allegedly trespassed onto the subject land, assaulted, and abused respondent No.2 in abusive language. The learned Magistrate referred the matter to the police for investigation under Section 156(3) of the Cr.P.C.

This Court, vide order dated 28.2.2022, granted the interim order, and the same is in force as of today.

Crl.P No.100343 of 2022:

Respondent No.2 lodged the FIR alleging that petitioners – accused Nos.1 and 2 criminally trespassed onto the subject land, engaged in a quarrel regarding the land, abused the respondents with filthy language, and threatened them with dire consequences.

Heard the learned counsel for the parties.

The private parties in these petitions are all brothers, and two suits have been filed—one for partition and another for declaration of title. These suits are pending consideration before the jurisdictional Civil Court.

The order of temporary injunction is operating against the petitioners in Crl.P No.100543 of 2022 and Crl.P No.100541 of 2022.

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NC: 2025:KHC-D:1204 CRL.P No. 100543 of 2022 C/W CRL.P No. 100343 of 2022 CRL.P No. 100541 of 2022

The question of title to the subject land is pending consideration before the jurisdictional Civil Court in the aforementioned suits. Therefore, when the issue of title is under consideration, criminal proceedings cannot be continued on the ground that the petitioners have illegally trespassed onto the subject land. The dispute between the parties is purely civil in nature, as evidenced by the pending suits, and the cases and counter-cases filed against these petitioners appear to be motivated by a desire for vengeance. Consequently, the continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following:

ORDER

i) The petitions stand allowed.

Crl.P No. 100543 of 2022:

The impugned proceedings in PC No.66/2021 pending on the file of the learned Civil Judge and JMFC, Sandur, insofar as it relates to the petitioners – accused Nos.1, 3 to 9 is hereby quashed.

Crl.P No. 100541 of 2022:

The impugned proceedings in PC No.65/2021 pending on the file of the learned Civil Judge and JMFC, Sandur, insofar as it relates to the petitioners – accused Nos.1 and 3 is hereby quashed.

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Crl.P No.100343 of 2022:

The impugned proceedings in CC No.518/2020 pending on the file of the learned Civil Judge and JMFC, Sandur, insofar as it relates to the petitioners – accused Nos.1 and 2 is hereby quashed.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

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