Quash petition under Section 482 Cr.P.C. against charge sheet for offences under Sections 427, 504, 506 r/w 34 IPC arising from a property possession dispute. The court found the complainant was a witness to the sale agreement and a civil partition suit was pending, so continuing criminal proceedings amounted to abuse of process.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9926 OF 2022
BETWEEN:
S/O V. KUMARPAL SANGHVI, AGED ABOUT 43 YEARS, R/AT NO.1123, NARAYANA RAO ROAD, NEW TOWN, BANGARPET - 563 114.
…PETITIONERS
(BY SRI. MOHAMMED MUJASSIM, ADVOCATE)
AND:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. D.PRABHAKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.1902/2022 PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC, BANGARPET, KOLAR DISTRICT, KGF FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 427, 504, 506 READ WITH SECTION 34 OF IPC AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused Nos.1 and 2, under section 482 of Cr.P.C., for quashing criminal proceedings in C.C.No.1902/2022, arising out of Crime No.330/2021, registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 427, 504, 506 read with 34 of IPC, pending on the file of Prl. Civil Judge & JMFC, Bangarpet, Kolar District, KGF.
On 1.9.2021 to 2.9.2021, the complainant was out of station and came back on 4.9.2021, later when he found accused persons entering and trespassing the house and destroying the materials. At that time, when they were questioned, they threatened with dire consequences and abused in filthy language. Hence, they went to the police station, but police not received the complaint. Thereafter, approached the higher police officials, they also not entertained the complaint. Hence, they filed private complaint and got it referred to the police under section 156(3) of Cr.P.C. In turn, the police registered the FIR. Police investigated the matter and filed the charge sheet, which is under challenge.
NC: 2024:KHC:3428 CRL.P No. 9926 of 2022
respondent filed the suit for partition. Therefore, continuing criminal proceedings against the petitioners is abuse of process of law. Hence, prayed for quashing the petition.
504, 506 of IPC, but the police have charge sheeted only for offences punishable under Sections under Sections 427, 504, 506 read with 34 of IPC, which reveals the respondents is claiming share in the schedule property . It is submitted that the civil suit also filed for partition and he himself is witness to the agreement. Such being the case, conducting criminal proceedings against petitioners only for the offences punishable under Section 504 and 506 and damaging the properties punishable under Section 427 of IPC, does not arises and also it amounts to abuse of process of law. Hence, I proceed to pass the following order.
Accordingly, this petition is allowed .
Consequently, criminal proceedings against the petitioners in C.C.No.1902/2022, arising out of Crime No.330/2021, registered by Bangarpet Police Station, pending on the file of Prl. Civil Judge & JMFC, Bangarpet, Kolar District, KGF, is hereby quashed.
Sd/JUDGE
AKV_List No.: 1 Sl No.: 50_CT:SK
1 issue framed by the court
Whether criminal proceedings for trespass, abuse and criminal intimidation should be quashed where the accused hold title under a sale deed and the dispute is essentially civil.
2 provisions across 2 enactments
K. Nilesh
Shilpa D. Sanghvi
State of Karnataka
Subramani
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
