LexP.M. LOKANATH AND OTHERS versus STATE OF KARNATAKA AND ANOTHER
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[2025] 2 S.C.R. 622 : 2025 INSC 202 P.M. Lokanath and Others v. State of Karnataka and Another (Criminal Appeal No. 2514 of 2014) 06 February 2025 [B.R. Gavai* and K. Vinod Chandran, JJ.] Issue for Consideration Whether the initiation of criminal proceedings at the instance of respondent no.2 in the present case was totally activated by mala fide, instituted with an ulterior motive for wreaking vengeance and with a view to spite the appellants. Headnotes† Penal Code, 1860 – ss.448 and 506 – Appellants had filed two civil suits, i.e. one for permanent injunction to prohibit respondent no.2 and the other for declaration of ownership of the suit property – Respondent no.2 filed an FIR u/ss.448 and 506 IPC alleging that appellants had threatened respondent no.2 to withdraw the civil suits – Appellant sought to quash criminal proceedings by filing criminal petition u/s.482 of CrPC, which was dismissed by the High Court – Correctness: Held: The allegations in the FIR are totally absurd – When respondent no.2 has not filed any suit, there is no question of appellants threatening him of dire consequences if he does not withdraw the suit – It further appears from the record that respondent no.2 is in the habit of filing false cases against the appellants and his family members – As in another criminal case No.6969 of 2007, respondent no.2 made similar allegations against the appellants and his relatives, which were found to be totally false and appellants were acquitted – Further, brother of respondent no.2 filed another criminal case, PCR No.9345 of 2009, alleging that the sale deed on basis of which the appellant claimed title was fraudulently executed – The said proceedings were quashed by the High Court – Therefore, respondent no.2 and his relatives were in habit of filing false and malicious cases against appellants on account of long-standing civil dispute pending between them – * Author [2025] 2 S.C.R. 623 P.M. Lokanath and Others v. State of Karnataka and Another The instant case falls in the categories provided by this Court in the case of Bhajan Lal – The initiation of criminal proceedings at the instance of respondent no.2 in the present case is totally activated by mala fide, instituted with an ulterior motive for wreaking vengeance and with a view to spite the appellants – Therefore, the continuation of the criminal proceedings against the appellants would be abuse of the process of law – The criminal proceedings against the appellants are hereby quashed. [Paras 16, 17, 18, 19, 22, 23, 24, 25] Case Law Cited State of Haryana and Others v. Bhajan Lal and Others [1992] Supp. 3 SCR 735 : (1992) Supp. 1 SCC 335 – referred to. List of Acts Code of Criminal Procedure, 1973; Code of Civil Procedure, 1908; Penal Code, 1860. List of Keywords Section 448 of Penal Code, 1860; Section 506 of Penal Code, 1860; False cases; Malicious cases; Long-standing civil dispute; Article 226 of Constitution; Ulterior motive. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2514 of 2014 From the Judgment and Order dated 14.11.2013 of the High Court of Karnataka at Bangalore in CRLP No. 3850 of 2010 Appearances for Parties Advs. for the Appellants: Anand Sanjay M Nuli, Sr. Adv., Suraj Kaushik, Varun Prasad, Ms. Rashika Kapoor, M/S. Nuli & Nuli. Advs. for the Respondents: Raghavendra M. Kulkarni, Ms. Mythili S, P. Ashok, Shiv Kumar, Ms. Vaishnavi, Prakash Jadhav, Ravichandra Jadhav, Venkata Raghu Mannepalli, V. N. Raghupathy. 624 [2025] 2 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. The present appeal challenges the judgment and order dated 14th November 2013 passed by a learned Single Judge of the High Court of Karnataka at Bangalore in Criminal Petition No. 3850 of 2010, whereby the High Court has dismissed the petition filed by the present appellants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) praying thereby to quash proceedings registered in C.C. No.29027 of 2010 pending on the file of IIIrd Additional Chief Metropolitan Magistrate, Bangalore (for short, “ACMM, Bangalore”). 2. A perusal of the materials placed on record would reveal that there is a longstanding dispute between the appellants on one hand and respondent No.2 and his brothers/sisters on the other hand. The appellants are the absolute owners and in actual possession and enjoyment of the p
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