Karnataka HC Refuses To Quash FIR Over Flat Buyer’s Claim He Was Locked Out And Assaulted, Says Civil Dispute Alone Isn’t Enough

Respondent No. 2 alleged that, after purchasing Flat No. 107 from Sai Durga Developers and receiving possession, the petitioners and others entered the property, locked the main gate, assaulted him and his wife, and forced them out

Jayanagar Police registered a case alleging offences under Sections 506, 341, 504, 149, 448, 323 and 354 of the IPC.

The petitioners sought to quash the FIR under Section 482 CrPC, contending that the dispute was civil in nature, was pending before the Commercial Court, and that the complaint was false and motivated

The judgment identifies the crime number as 225/2024 in para. 3, but as 226/2024 in para. 1.

Whether the FIR should be quashed under Section 482 CrPC because the property dispute was already pending before a civil court and the complaint was allegedly false or mala fide

Whether the allegations, at the preliminary stage of investigation, warranted police investigation rather than quashing of the FIR

Section 482 CrPC preserves the High Court’s inherent power to prevent abuse of the process of court and secure the ends of justice.

At the FIR stage, where allegations prima facie disclose cognizable offences and investigation remains at an early stage, the Court should not anticipate the investigation’s outcome or accept an unsubstantiated defence as a basis to reject the complaint.

The existence of a civil dispute, by itself, does not establish that a criminal complaint is false or warrant quashing

The FIR alleged offences under Sections 506, 341, 504, 149, 448, 323 and 354 IPC

The complaint alleged forcible entry, confinement by locking the gate, assault, and the removal of respondent No. 2 and his wife from the property—conduct which, on the material then available, prima facie disclosed cognizable offences

Because the investigation was at a nascent stage and relevant evidence remained to be collected, the Court declined to assess the truth of the allegations or determine whether the complaint was motivated by the pending civil dispute

The petitioners’ civil-dispute and false-complaint contentions therefore did not justify quashing the FIR at that stage

dismissed the petition as devoid of merit, and left the police investigation to proceed