High Court of Karnataka quashed FIR and pending proceedings alleging malice-fueled criminal trespass and damage to crops, noting a dispute over land mutation entries and sale deed ownership.
Proceedings in PCR No. 132/2021 and FIR in Crime No. 277/2021 stand quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 1081 OF 2022
BETWEEN:
CORRECT NAME KHALEELULLA BAIG S/O LATE MOHIDDIN BAIG
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AGED ABOUT 66 YEARS
PETITIONERS ARE RESIDENTS OF SOLURU VILLAGE, SOLUR HOBLI MAGADI TALUK - 562 120 RAMANAGARA DISTRICT.
… PETITIONERS
(BY SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI S.V. PRAKASH, ADVOCATE)
AND:
NC: 2023:KHC:41346 CRL.P No. 1081 of 2022
STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HON'BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001
… RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI D. JAYARAJ, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE PROCEEDINGS OF P.C.R. NO.132/2021 PENDING ON THE FILE OF LEARNED ADDL. CIVIL JUDGE AND J.M.F.C., AT MAGADI AND THE FIR OF KUDUR POLICE STATION IN CR.NO.277/2021 REGISTERED BY THE 1ST RESPONDENT FOR THE OFFENCE P/U/S 447, 379, 323, 384, 504, 506, 34 OF IPC, 1860 AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent No.2 lodged the FIR alleging that, on 11.10.2021, petitioners by criminally trespassing into the land bearing No.95 measuring 4 acres 28 guntas threatened respondent No.2 with dire consequences and also damaged the standing crops. The police registered a FIR for the offences punishable under Sections 447, 379, 323, 384, 504, 506, 34 of IPC.
2. Heard the learned counsel for the parties.
3. Petitioners have annexed a copy of the sale deed to establish that they are the owners of the subject land and also the records of rights standing in the names of petitioners herein. There is a dispute pending between the petitioners and respondent No.2 before the Deputy Commissioner with regard to the mutation entries in respect of the subject land. The FIR was lodged with malice and without probable cause to wreak vengeance against the petitioners. Therefore, the continuation of the investigation will be an abuse of process of law.
4. Accordingly, I pass the following:
ORDER
Sd/JUDGE
VP
2 issues framed by the court
Whether criminal proceedings and FIR should be quashed on grounds of malice and pending civil dispute regarding land title.
Whether the continued investigation constitutes an abuse of process of law.
3 provisions across 2 enactments
NOORUL BAIG AND OTHERS
STATE
ATHAULLA BAIG
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
