KUM REMINA METILDA QUADRAS vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO. 12964 OF 2023 (GM-RES)
BETWEEN:
1. KUM REMINA METILDA QUADRAS
AGED ABOUT 30 YEARS
D/O. MARCEL CYPRIAN QUADRAS
2. SRI. MARCEL CYPRIAN QUADRAS,
AGED ABOUT 69 YEARS
D/O. LATE. FRANCIS QUADRAS
(BOTH ARE RESIDING AT D.NO.4-49/2,
HOLY FAMILY, MULLAKAD HOUSE,
KAVOOR POST,
MANGALORE -575 015.
…PETITIONERS
Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. P.P. HEGDE., SENIOR ADVOCATE FOR
SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH SUB-INSPECTOR OF POLICE
KAVOOR POLICE STATION
MANGALORE
REPRESENTED BY STATE PUBLIC
PROSECUTOR HIGH COURT OF
KARNATAKA, AT BANGALORE
BANGALORE- 560 001.
- 2 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
2. INSPECOTR OF POLICE
KAVOOR POLICE STATION
KAVOOR, MANGALURU,
KARNATAKA - 575 015.
3. COMMISSIONER OF POLICE
MANGALURU CITY
NEAR POLICE TRAINING SCHOOL,
PANDESHWAR, MANGALURU,
KARNATAKA-575 001.
4. SMT. MANJULA B.
W/O. SHIVANANDA,
AGED ABOUT 34 YEARS,
R/AT HOLY FAMILY, MULLAKAD HOUSE,
KAVOOR POST,
MANGALORE - 575 015.
…RESPONDENTS
(BY SMT. K.P. YASHODHA, AGA FOR R1 TO R3;
R-4 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.PC
PRAYING TO QUASHING THE FIR IN CRIME NO 7/2023 OF
KAVOOR POLICE STATION, MANGALORE REGISTERED FOR THE
OFFENCES UNDER SECTIONS 324, 354, 504, 506 R/W 34 IPC
AND UNDER SECTIONS 3(1)(R)(S), 3(2) (5A) OF SCHEDULE
CASTES AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) AMENDMENT ORDINANCE 2014 VIDE ANNEXURE
A AND ALSO COMPLAINT DATED 18/01/2023 ISSUED VIDE
ANNEXURE-A1 PENDING ON THE FILE OF 2ND ADDL DISTRICT
AND SESSIONS JUDGE MANGALURU AND ALL FURTHER
PROCEEDINGS IN THE SAID CASE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
- 3 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
ORAL ORDER
1. Heard Sri. P.P. Hegde, learned Senior counsel
appearing for the petitioners, Smt. K.P Yashodha, learned AGA
for the respondent Nos.1 to 3.
2. Respondent No.4 is served with the notice and
remained absent.
3. The present petition is filed under Articles 226 and 227
of the Constitution of India read with Section 482 of Cr.P.C with
the following prayer:
" a. Issue a Writ of Certiorari or any other appropriate Writ or
directions quashing the F.I.R in Crime No. 7/2023 of Kavoor
Police Station, Mangalore registered for the offences under
Sections 324,354,504,506 R/W 34 IPC and under sections
3(1)(r)(s), 3(2) (5a) of Schedule Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Ordinance 2014 vide
Annexure A and also complaint dated 18-01-2023 issued vide
Annexure A1, pending on the file of 2nd Addl district and
Sessions Judge Mangaluru; and all further proceedings in the
said case; and
b. Issue appropriate writs or orders directing Respondent No.3
to consider the representation dated 12.06.2023 vide Annexure
F and give proper protection to the Petitioners against the
threats of registration of false criminal case by respondent No.
2 and issue appropriate orders directing Respondent No.
2/Inspector of Police from passing any threats of filing false
cases/ interfering with the civil dispute between the Petitioners
and respondent No.4 and
c. Grant such other reliefs and orders as this Hon'ble Court may
deem fit in the facts and circumstances of the case in the
interest of justice and equity."
- 4 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
4. The facts in the nut shell which are utmost necessary
for disposal of the present petition are as under:
4.1 Respondent No.4 had lodged complaint with Kavoor
Police Station, Mangaluru, that her father being a tenant of the
premises of which the petitioners herein, who were the
landlords.
5. There was a complaint earlier lodged that there is a
forceful method used for evicting the respondent No.4 from the
premises. Subsequently, based on such complaint, police gave
an endorsement vide Annexure-E1 dated 17.01.2023, stating
that no case has been made out. However, very next day, the
complaint which is subject matter of the present petition came
to be filed. The very lodging of the complaint is called in
question by the petitioners herein.
6. Sri. P.P. Hegde, learned Senior counsel appearing for
the petitioners, at the outset would submit that the respondent
No.4 has vacated the premises and she is not residing in the
vicinity and entire complaint averments itself is concocted,
- 5 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
especially having regard to the endorsement vide Annexure-E1
dated 17.01.2023.
7. He would further contend that the complaint is
politically motivated and since the respondent No.4 has vacated
the premises, the alleged apprehensions would no longer
survive for the consideration and as such continuation of the
criminal complaint would amount to abuse of process of law.
8. Per contra, Smt. K.P Yashodha, learned AGA for the
respondent Nos.1 to 3 would contend that specific allegations
are made about the attempt to outrage the modesty of the
respondent No.4 and also abusing the respondent No.4 in filthy
language in order to forcefully evict the respondent No.4 from
the premises by the petitioners, which needs further
investigation and filing of appropriate report and sought for
dismissal of the petition.
9. Having heard the arguments of both sides, this Court
noted the fact that the respondent No.4 has now vacated the
premises of which the petitioners are the owner.
- 6 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
10. Taking note of the fact that the respondent No.4 has
vacated the premises all other apprehensions would
automatically gets into insignificance.
11. When the police have specifically issued an
endorsement, a day earlier to the lodging of the complaint vide
Annexure-E1, the complaint which is now subject matter of the
petition is well drafted only with an intention to bring in the
ingredients of the alleged offences with an intention to get
protection from the police with regard to the possession of the
respondent No.4 in respect of the premises of which the
petitioner is the owner.
12. Further, respondent No.4 has vacated the premises,
apprehensions expressed by her in the form of complaint would
get quelled automatically. Therefore continuation of the
criminal case is no longer warranted.
13. Accordingly, following:
- 7 -
HC-KAR
NC: 2026:KHC:59773
WP No. 12964 of 2023
CNR: KAHC010305552023
ORDER
allowed
(i) Petition is .
(ii) F.I.R. in Crime No.7/2023 registered by the Kavoor
Police Station, Mangaluru dated 18.01.2023 against the
petitioners herein is hereby quashed.
Sd/-
(V SRISHANANDA)
JUDGE
RL
List No.: 1 Sl No.: 37