IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201383 OF 2023 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. SHAFI KHURESHI S/O SHAREEF KHURESHI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O H.NO.2-231/1 KARNAAKA COLLEGE ROAD, RAJA BAGH, MUSTAIDAPUR, BIDAR-585401.

2. HAFEEZ KHURESHI S/O SHAREEF KHURESHI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. H.NO.2-231/1 KARNAAKA COLLEGE ROAD, RAJA BAGH, MUSTAIDAPUR, BIDAR-585401.

3. MEERAJ KHURESHI S/O SHAREEF KHURESHI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. H.NO.2-231/1 KARNAAKA COLLEGE ROAD, RAJA BAGH, MUSTAIDAPUR, BIDAR-585401.

…PETITIONERS (BY SMT. HEMA L KULAKARNI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH GANDHI GUNJ PS DIST. BIDAR THROUGH THE ADDL. SPP, HIGH COURT OF KARNATAKA AT KALABURAGI BENCH -585107.

2. MOHAMMED SHAFIUDDIN S/O MOHAMMED SIRAJUDDIN, R/O. MAILOOR VILLAGE, BIDAR-585401.

…RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1 SRI S. R. KADLOOR AND SRI VADIRAJ KADLOOR, ADVOCATES FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO I)

QUASH THE FIR IN CR.NO.8/2023 FOR THE OFFENCES PUNISHABLE U/SEC. 448, 354, 323, 504, 506 R/W SEC. 34 OF IPC, BY THE RESPONDENT GANDHI GUNJ P.S. BIDAR WHICH IS PENDING ON THE PRINCIPAL 2^ND JMFC COURT BIDAR AND THE ENTIRE PROCEEDINGS INITIATED ON THE BASIS OF THE FIR IN CR.NO.8/2023 AS PER ANNEXURE - A AND B MAY BE QUASHED. II) ISSUE ANY DIRECTIONS OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN CIRCUMSTNACES OF CASE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. The accused Nos.1, 3 and 4 in Crime No.8/2023 registered by Gandhi Gunj Police Station, Bidar district, for the offences punishable under Section 448, 354, 323, 504, 506 read with Section 34 of IPC., are before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings in the said case as against the petitioners herein.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.8/2023 was registered by the Gandhi Gunj Police Station, Bidar district, for the aforesaid offences against Sri. Shafi Khureshi and three others on the basis of the first information dated 17.01.2023 received from Mohammed Shafiuddin S/o. Mohammed Sirajuddin who is the respondent No.2 herein. Challenging the same, accused Nos.1, 3 and 4 in the FIR are before this Court in this petition filed under Section 482 of Cr.P.C.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, there is a civil dispute between the parties and suit O.S.No.9/2020 is filed before the jurisdictional Civil Court at Bidar and in the said suit, an order of injunction is operating, thereafter, a false complaint has been lodged against the petitioners herein alleging trespass into the property which is the subject matter of the suit in O.S.No.9/2020, only with an intention to harass and coerce the petitioners. She submits that, continuation of the impugned criminal proceedings would amount to abuse of process of law. Accordingly, she prays to allow the petition.

5. Per contra, learned High Court Government Pleader appearing for respondent No.1 and the learned counsel for the respondent No.2, who has filed statement of objections have opposed the petition.

6. Learned counsel for the respondent No.2 submits that, the mother of the respondent No.2 herein had filed O.S.No.210/2012 against one Ismail Khureshi and others and a decree of injunction has been granted in the said suit in favour of the plaintiff. For violating the decree of injunction granted in O.S.No.210/2012, the defendant No.1 – Ismail Khureshi was punished and sent to civil imprisonment and in the said proceedings, the petitioner No.2-Hafeez Khureshi was a surety for Ismail Khureshi. Therefore, Hafeez Khuresh is very well aware of the decree passed in O.S.No.210/2012. He submits th