Petitioners sought quashing of an FIR under Sections 504 and 506 IPC registered over an incident of 30.12.2021 linked to a civil dispute between the parties. Their counsel was absent on successive dates; the Court heard respondents and found no merit in the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1823 OF 2022
BETWEEN:
PETITIONER NO.1 AND 2 ARE RESIDING AT: NO. 29, CAR STREET HALASURU, BENGALURU – 560 008.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:20337 CRL.P No. 1823 of 2022
TAMIL NADU - 63511332.
…PETITIONERS
(BY SRI. SATHEESHA B. P., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDL SPP FOR R1; SRI. B.S.SACHIN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF THE CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH COMPLAINT AND FIR REGISTERED IN CR.NO.9/2022 DATED 14.01.2022 BY THE RESPONDENT POLICE FOR ALLEGED OFFENCE P/U/S 506,504 OF IPC VIDE ANNEXURE-A AND B PENDING ON THE FILE OF THE BEFORE HONBLE COURT OF PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, MADIGERE, CHIKKAMGALURU DISTRICT.
NC: 2024:KHC:20337 CRL.P No. 1823 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners - accused Nos.1 to 3 and 5 are before this Court calling in question registration of a crime in Crime No.9/2022, on 14.01.2022, pending before the Principal Civil Judge (Jr. Dn.) and JMFC Court, Mudigere, Chikkamagaluru, for the offences under Sections 504 and 506 of the IPC.
been continuously absent. This Court on 28.05.2024, had passed the following order:
“Heard the learned counsel appearing for respondent No.2 - the complainant.
There is no representation on behalf of the petitioners.
As a last chance, awaiting their appearance, list the matter on 11.06.2024.
NC: 2024:KHC:20337 CRL.P No. 1823 of 2022
In the event the petitioners would not be present, appropriate orders would be passed hearing the respondents.”
Even today, there is no representation for the petitioners.
4. Facts in brief, germane are as follows:
It is the case of the prosecution that an incident that happens on 30.12.2021 leads to registration of two crimes, one against the complainant - the second respondent in Crime No.3/2022 and Crime No.9/2022. Both the crimes narrate the incident that happens on 30.12.2021. Therefore, they are crimes arising out of the same incident.
has sprung from a civil dispute pending between the parties arising out of an agreement of sale entered into between the second petitioner and the family members of the complainant. It is the complaint that the complainant is in possession of the property and the petitioners have trespassed into the house property of the complainant and at that time, when the alleged trespass happens, the offences of Sections 504 and 506 of the IPC sprung against the petitioners. Therefore, if the crime registered by the petitioners on the happening of an incident on
NC: 2024:KHC:20337 CRL.P No. 1823 of 2022
30.12.2021 can be said to be true, as it is contended that it is true. The other story cannot be false, as the petitioners submit that no incident of trespass has happened for emergence of the allegation under Sections 504 and 506 of the IPC. These are all matters of trial, which requires to be deciphered for it only in a full blown trial.
rejected.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 27 CT:SS
1 issue framed by the court
Whether the FIR in Crime No.9/2022 under Sections 504 and 506 IPC arising from a civil dispute should be quashed under Section 482 CrPC?
2 provisions across 2 enactments
V.K.Shashikumar
Vinutha
Muniraju
Manikantan
State by Mudigere Police Station
Sunita B.C.
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
