Case Note & Summary
The petitioners, Smt. Thara Peethambaram (mother) and Dr. Krishnarjun Peethambaram (son), filed a petition under Section 482 CrPC (read with Section 528 BNSS) to quash the order dated 24.03.2025 passed in PCR No.5636/2024 and the FIR in Crime No.157/2024 registered at Rajagopala Nagar Police Station, Bengaluru, for offences under Sections 504, 506, 416, 419, 420, 34 IPC. The complainant, Sri P. Hari Shankar, is the son of petitioner No.1 and brother of petitioner No.2. The dispute arose out of a family property disagreement. The petitioners contended that the complaint was a misuse of criminal process to settle civil disputes. The High Court, after hearing the parties, held that the allegations were purely civil in nature and did not disclose any criminal offence. The court observed that the rift was between family members and the private complaint was an abuse of process. Consequently, the court allowed the petition, quashed the FIR and the order directing further investigation under Section 156(3) CrPC.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC (Section 528 BNSS) - Abuse of Process - Family dispute over property - FIR under Sections 504, 506, 416, 419, 420, 34 IPC - Held that where allegations are purely civil in nature and criminal proceedings are initiated to settle family property disputes, continuation of criminal proceedings amounts to abuse of process of court. FIR and order for further investigation quashed. (Paras 1-5)
B) Indian Penal Code, 1860 - Sections 504, 506, 416, 419, 420, 34 - Criminal intimidation, cheating, impersonation - Family property dispute - Held that allegations of criminal intimidation and cheating between family members arising out of property disputes do not constitute criminal offences when the dispute is essentially civil. FIR quashed. (Paras 3-5)
Issue of Consideration
Whether the FIR and the order directing further investigation under Section 156(3) CrPC should be quashed as an abuse of process of law when the dispute is essentially civil in nature between family members.
Final Decision
The petition is allowed. The order dated 24.03.2025 passed in PCR No.5636/2024 and the FIR in Crime No.157/2024 registered at Rajagopala Nagara Police Station, Bengaluru City, for offences under Sections 504, 506, 416, 419, 420, 34 IPC, pending on the file of the XXXI ACJM, Bengaluru City, are quashed.
Law Points
- Criminal proceedings can be quashed under Section 482 CrPC if FIR does not disclose criminal offence
- mere civil dispute
- abuse of process of court
Case Details
2025 LawText (KAR) (06) 36
Criminal Petition No. 7868 of 2025
C.V. Nagesh (Senior Advocate for petitioners), Raghavendra K. (Advocate for petitioners), B.N. Jagadeesha (Addl. SPP), Chamappa Erappa (HCGP for R1), Bhargav K.S. (Advocate for R2)
Smt. Thara Peethambaram and Dr. Krishnarjun Peethambaram
State of Karnataka and Sri P. Hari Shankar
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Nature of Litigation
Criminal petition under Section 482 CrPC to quash FIR and order for further investigation.
Remedy Sought
Petitioners sought setting aside of order dated 24.03.2025 in PCR No.5636/2024 and quashing of FIR in Crime No.157/2024.
Filing Reason
Petitioners alleged that the FIR was an abuse of process of law as the dispute was civil in nature between family members.
Previous Decisions
The concerned Court had passed an order directing re/further investigation under Section 156(3) CrPC and to submit a report by 23.05.2025.
Issues
Whether the FIR and the order directing further investigation under Section 156(3) CrPC should be quashed as an abuse of process of law when the dispute is essentially civil in nature between family members.
Submissions/Arguments
Petitioners argued that the complaint was a misuse of criminal process to settle civil property disputes.
Respondents argued in support of the FIR and the order for further investigation.
Ratio Decidendi
Where the allegations in the FIR do not disclose a criminal offence and the dispute is essentially civil in nature, continuation of criminal proceedings amounts to an abuse of process of court, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The petitioners-accused Nos.1 and 2 are at the doors of this Court, yet again calling in question an order passed by the concerned Court directing re/further investigation under Section 156(3) of the Code of Criminal Procedure, 1973 and submit a report by 23.05.2025.
The petitioner No.1 is the mother of petitioner No.2 and the complainant. Therefore, the rift is between the members of the family.
Procedural History
A private complaint was registered as PCR No.5636/2024, leading to FIR in Crime No.157/2024 at Rajagopala Nagar Police Station for offences under Sections 504, 506, 416, 419, 420, 34 IPC. The concerned Court passed an order on 24.03.2025 directing further investigation under Section 156(3) CrPC. The petitioners filed Criminal Petition No.7868/2025 under Section 482 CrPC (Section 528 BNSS) to quash the order and FIR. The High Court heard the matter on 19.06.2025 and allowed the petition.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482, 156(3)
- Indian Penal Code, 1860 (IPC): 504, 506, 416, 419, 420, 34
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 528
