Dismissed

Deepa v. the State of Karnataka

Karnataka HC22 Nov 2018CRL.P/100708/2016

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 Cr.P.C. seeking quashing of police proceedings in a criminal case based on property dispute. Court held petition premature as both parties are involved in counter cases and validity of facts must be examined through trial proceedings.

What did the court decide?

Petition filed under Section 482 of Cr.P.C. rejected; proceedings in Crime No.87/2016 not quashed.

Deepa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

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Criminal Petition No.100708/2016

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BETWEEN:

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DEEPA

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W/O: VEERAGANGADHAR MUCHHANDIMATH AGE: 47 YEARS, OCC: AGRICULTURE, R/O: OPP: GRBC GATE, LAXMI LAYOUT, GOKAK, DIST: BELAGAVI.

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…..PETITIONER

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(BY SRI SHRIHARSHA A NEELOPANT, ADVOCATE)

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AND

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THE STATE OF KARNATAKA

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REP. BY ITS SPP

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THROUGH TOWN POLICE STATION GOKAK. REP. BY ITS PSI GOKAK

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TOWN POLICE STATION, GOKAK.

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SHARADA

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D/O: SHIVAPUTRAYYA MUCHHANDIMATH

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AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: LAXMI LAYOUT, OPP: GRBC GATE,

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GOKAK, DIST: BELAGAVI,

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…….RESPONDENTS

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(BY SRI PRAVEEN K.UPPAR, HCGP FOR R-1 SRI JAGADISH PATIL, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN GOKAK TOWN POLICE STATION CRIME NO.87 OF 2016 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS GOKAK REGISTERED BY THE RESPONDENT POLICE AS PER ANNEXURE-B FOR THE OFFENCES PUNISHABLE UNDER SECTION 341, 323, 354, 324, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONER AND ETC.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has filed this petition under Section 482 of Cr.P.C. seeking to quash the proceedings in Gokak Town P.S. Crime No.87/2016 on the file of Principal Civil Judge and JMFC, GOkak, registered by the respondent police as per Annexure-B, for the offences punishable under Section 341, 323, 354, 324, 504 and 506 r/w Section 34 of IPC, as against the petitioner.

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The matter is listed for admission. With the consent of the learned counsel for the parties, it is taken up for final disposal.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondentState and learned counsel appearing for respondent No.2.

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It is seen that the petitioner Deepa filed a complaint against the brother and sister of respondent No.2 namely Ravivarma Shivaputrayya Muchhandimath and Ratna Shivaputrayya Muchhandimath, before the respondent police, which is registered in Crime No.84/2016 dated 09.05.2016 for the offence punishable under Sections 341, 323, 354, 504 and 506 r/w 34 of IPC and as a counter blast to the complaint filed by the petitioner, respondent No.2 filed a complaint against the petitioner and her husband alleging that the petitioner denied for giving a share in the property. The said complaint filed is with an ulterior motive and the averments made therein are all of civil nature. There is no criminal case which for initiating the criminal case against the petitioner. Hence, the petitioner among other grounds seeks for quashing of the proceedings in Crime No.87/2016 of the respondent police.

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The substance of the complaint lodged by one Sharada Muchhandimath, is that the complainant and the accused persons owned four ancestral houses at Gokak belongs to the complainant and the accused persons and in this connection litigation is there and the complainant has demanded the share, the Court has ordered for grant of the said portion of share to the complainant. Despite that the accused persons said no share would be offered to her.

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Learned HCGP opposes the petition and prays for dismissal of the petition stating that the claim of the petitioner is false and misconceived.

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The point that tells out at this stage that there is a complaint filed by the present petitioner in Crime No.84/2016 for the offence punishable under Sections 341, 323, 354, 324, 504 and 506 r/w 34 of IPC and the present complaint is filed by Sharada, who is incidentally an accused in the first case. There are disputes between the parties in respect of sharing of properties and it has reached the Court as well. In the circumstances, the petitioner also is having an opportunity of presenting the

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case under Section 239 of Cr.P.C. The papers regarding case and counter case are to be examined and conclusion in respect of the facts and circumstances of the case could be reached only upon drawing conclusion on both the case regarding tenability. The petition is premature as well. Hence, the following;

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ORDER

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Petition filed under Section 482 of Cr.P.C. is hereby rejected.

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SD JUDGE

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msr

Deepa v. the State of Karnataka

Case brief

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Deepa v. the State of Karnataka

Case brief

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