IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 9472 OF 2018 (482(Cr.PC) / 528(BNSS))

BETWEEN:

1. SMT. THOPAMMA D/O LATE G.C.HANUMAIAH AGED ABOUT 60 YEARS

2. SRI. SIDDAPPA S/O LATE G.C.HANUMAIAH AGED ABOUT 56 YEARS

3. SRI. GANGAIAH S/O LATE G.C.HANUMAIAH AGED ABOUT 80 YEARS

4. SRI. NAGARAJU S/O LATE G.C.HANUMAIAH Digitally AGED ABOUT 62 YEARS signed by GEETHA P G Location: 5. SRI. THIMMARAYAPPA @

HIGH COURT HANUMANTHARAYAPPA OF KARNATAKA S/O LATE G.C.HANUMAIAH AGED ABOUT 64 YEARS (WORNGLY MENTIONED AS THIMMARAYAPPA IN CHARGE SHEET AND CC NO. 2029/2018)

6. SRI. SRINIVASA S/O LATE G.C.HANUMAIAH AGED ABOUT 49 YEARS

7. SRI. G.THIMMARAJU S/O GANGAIAH AGED ABOUT 54 YEARS ALL ARE RESIDING AT GEJJAGADAHALLI VILLAGE DASANPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562 123.

…PETITIONERS (BY SRI. CHANDRASHEKARA N., ADVOCATE)

AND:

1. STATE OF KARNATAKA MADANAYAKANAHALLI POLICE STATION BENGALURU DISTRICT-560 001.

REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001.

2. C.S.NANJUNDAIAH S/O LATE SESHAPPA AGED ABOUT 83 YEARS R/AT NO.5/A, 15^TH CROSS WEST OF CHORD ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086.

…RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1;

SRI. NAGAIAH, ADVOCATE FOR R2;

VIDE COURT ORDER DATED 03.06.2025, R2 DEAD)

THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.

PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR.NO.50/2018, CR.NO.129/2018, C.C.NO.2029/2018 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, NELAMANAGALA BENGALURU RURAL DISTRICT AGAINST THE PETITIONERS AS ABUSE OF PROCESS OF LAW.

THIS PETITION COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

Pursuant to a private complaint filed by respondent no.2 a police report is filed against the petitioners herein for the offences under Sections 447, 448, 420, 468 read with Section 34 of IPC. It has resulted in C.C.No.2029/2018 pending on the file of Additional Civil Judge and JMFC, Nelamangala, Bengaluru Rural District.

Aggrieved by the same, the present petition is filed.

2. The case of the petitioners is that, there was a civil dispute between petitioners and respondent no.2 in respect of Sy.No.1/7 of Narayanappanapalya village, it resulted in petitioner no.1 preferring O.S.No.1579/2009 on the file of Civil Judge (Sr.Dn.) and JMFC, Nelamangala, Bengaluru Rural District, which is still pending. It is submitted that respondent no.2 also filed O.S.No.380/2009 for permanent injunction in respect of the same property, which has been dismissed after a full- fledged trial. The petitioners have produced a copy of the judgment passed in O.S.No.380/2009 in this regard. It is submitted by the petitioners that with a view of obtaining undue advantage, respondent no.2 has given a criminal colour to the civil dispute between the petitioners and himself. On the said ground, it is prayed that proceedings in C.C.No.2029/2018 be quashed. It is also submitted that subsequently respondent no.2 has died.

3. Learned High Court Government Pleader upon instructions, submits that the petitioners and respondent no.2 had a civil dispute in respect of Sy.No.1/7 of Narayanappanapalya village. He also submits that respondent no.2 lodged a complaint with the police, but the same was not registered as the police were of the opinion that it is a civil dispute between the petitioners and respondent no.2. It is further submitted that, thereafter respondent no.2 filed a private complaint before the Court which resulted in reference of the said matter to police for investigation and thereafter an FIR was registered, investigation was done and a police report has been filed. However, he admits that subsequent to filing of the police report, civil Court in O.S.No.380/2009 has dismissed the claim of respondent no.2.

4. Perusal of the records reveal that the allegations made by respondent no.2 against the petitioners pertain to trespa