Don’t turn neighbour disputes into criminal cases, says Karnataka High Court

4 min readBengaluruJun 25, 2026 12:01 PM IST

The complaint said the four residents went to the Association-maintained garden area and allegedly uprooted and removed the sapling of a tree. (AI generated image)

The Karnataka High Court has dismissed a petition filed by the president of an apartment owners’ association in Bengaluru seeking a direction to the police to register an FIR against certain residents, who were accused of forcibly uprooting a sapling of a peepal tree and thereby allegedly hurting the religious sentiments of members of the Hindu community.

While observing that apartment residents must learn to coexist and resolve differences without resorting to criminal law, Justice Suraj Govindaraj, in an order date June 17, dismissed the petition filed by SNN Raj Serenity Apartment Owners Association.

“Any dispute, inter se, between the apartment owners is a civil dispute and cannot be given the colour of a criminal dispute as sought to be done in the present matter. An apartment complex would require community living and the residents of the said apartment complex have to live in harmony with each other. The filing of a criminal complaint does not allow for such community living and that too as regards a matter which is ex facie civil in nature,” said the order.

“Giving a tint of criminality to a civil dispute cannot result in this Court directing issuance of mandamus to register a FIR on such a civil dispute. If there is any individual grievance of any person, it would be for that person to file appropriate complaints by making such appropriate allegations,” it added.

‘Total failure of the law and order’

The petition filed by Association president Vivek Pandey sought a direction to the Begur Police Station to register an FIR based on the complaint it lodged on December 14, 2025, alleging criminal mischief, criminal intimidation, and hurting religious sentiments against four residents.

According to the complaint, the four residents went to the Association-maintained garden area on December 14, 2025, and allegedly uprooted and removed the sapling of a banyan tree, despite being given a clear instruction not to do so.

The Association relied on video clips to state that the accused claimed they would do this, that they did not care about rules, and that they could not be stopped by anyone, including the Association.

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“It was also recklessly stated by all the accused that no force on earth could stop them from destroying and uprooting the peepul tree, and they did not care about any request by the Association. It was also claimed that the Association had no power to stop them, and the peepal tree, being a Hindu worshipped tree, was only to be destroyed and uprooted, and they removed and destroyed the peepal tree only for hurting the religious sentiments of the entire Association belonging to the Hindu community,” said in the complaint.

‘Habit of making these statements’

The complaint also said the tree was planted after the resolution was passed at the Association’s general body meeting, and that, despite a clear majority, it was removed by the accused.

“It was again said that, as they have influential support, they could take the lawyer into their hands, and they were in the habit of making these statements in the WhatsApp group. There is a total failure of the law and order,” it added.

After going through the records, the bench dismissed the petition and allowed the petitioners to raise all civil disputes before the appropriate forum.

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In March, a permanent concrete structure to house a Ganesha temple was being constructed in the common area of the apartment complex, and a few residents opposed it. The protesting residents had then filed a civil suit, and the court had directed that the status quo be maintained in the case.