Munishamappa Vs State of Karnataka

STATE OF KARNATAKA, REPRESENTED BY SHIDLAGHATTA POLICE STATION, CHIKKABALLAPURA – 562 103. REPRESENTED BY S.P.P., HIGH COURT BUILDING, AMBEKDAR VEEDHI, BANGALORE – 560 001.

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SRI. NAGARAJ C, AGED ABOUT 46 YEARS, S/O CHINNAPPA, R/O NANDI VILLAGE AND HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA – 562 103.

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…RESPONDENTS

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(BY SMT.SOWMYA R., HCGP FOR R-1; SRI. N.R.KRISHNAPPA, ADVOCATE FOR R-2)

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THIS CRL.P. IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.99/2024 REGISTERED BY THE SHIDLAGHATTA POLICE STATION, WHICH

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HC-KAR

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IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, SIDLAGHATTA, CHIKKABALLAPURA DISTRICT WHICH HAS BEEN FILED BY THE 1^ST RESPONDENT FOR THE OFFENCES P/U/S 408, 417, 420, 465, 467, 468, 471, 506 OF IPC AGAINST THE PETITIONERS; TO CALL FOR RECORDS AND GRANT SUCH OTHER RELIEF/S DEEMS FIT BY THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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"a) To quash the FIR in Crime No.99/2024 registered by the Shidlaghatta Police Station, which is pending on the file of the Principal Civil Judge (Sr.Dn) and CJM Court, Sidlaghatta, Chikkaballapura District which has been filed by the 1^st respondent for the offences p/u/s 408, 417, 420, 465, 467, 468, 471, 506 of IPC against the petitioners;

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HC-KAR

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b) To call for records and grant such other relief/s deems fit by this Hon'ble Court, in the interest of justice and equity."

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Heard the learned counsel for petitioners/accused

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Nos.1 to 6 and learned counsel for respondents.

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A perusal of the material on record will indicate that there is a dispute in relation to the immovable property, between the second respondent/complainant and the petitioners herein/accused Nos.1 to 6, which is presently pending in Appeal No.38/2023-24 filed by the respondent No.2/complainant against the petitioners herein before the Technical Assistant and Deputy Director of Land Records (DDLR), Chikkaballapura, under Section 49(A) of the Karnataka Land Revenue Act, 1964.

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It is an undisputed fact, as can be seen from the memorandum of appeal that, the said appeal was filed on 16.03.2024, subsequent to which, the respondent No.2 filed the instant complaint against the petitioners/accused Nos.1 to 6 on 13.07.2024, which is registered as FIR in

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HC-KAR

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Crime No.99/2024 for the offences punishable under Sections 408, 417, 420, 465, 467, 468, 471 and 506 IPC.

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A perusal of the aforesaid material on record and

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the aforesaid facts and circumstances of the case will clearly indicate that the dispute between the petitioners, on the one hand and the respondent No.2, on the other relate to immovable property in land bearing Sy.No.35/3 situate at T. Peddanahalli Village, Bashettahalli Hobli, Shidlaghatta Taluk, Chikkaballapura District, which is presently pending before the Deputy Director of Land Records in Appeal No.38/2023-24.

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It is therefore clear that the dispute between the parties is essentially, overwhelmingly and predominantly civil in nature relating to immovable property which necessarily, is to be decided by the Deputy Director of Land Records, who is seized of the matter.

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Under these circumstances, the aforesaid civil

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dispute relating to immovable property cannot be given a

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HC-KAR

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criminal colour/texture/flavour by way of the impugned proceedings, which is impermissible in law, in the light of the judgments of the Hon'ble Apex Court in the case of

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(1) Naresh Kumar and Another Vs. State of Karnataka & Another reported in 2024 INSC 196, (2) Lalith Chaturvedi and others Vs. State of Uttar Pradesh and another, reported in 2024 SCC OnLine SC 171 ; and (3) K. Bharathi Devi and Another Vs. State of Telangana and Another ,

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reported in 2024 INSC 750 .

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In the result petition, I pass the following:

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ORDER

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i. The Criminal Petition is hereby allowed ;

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ii. The Complaint/FIR in Crime No.99/2024 dated 13.07.2024 of Shidlaghatta Town Police Station, registered for the offences punishable under Sections 408, 417, 420, 465, 468, 471 and 506 of IPC, pending on the file of the Principal Civil Judge (Sr.Dn.) & CJM Court,

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HC-KAR

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Shidlaghatta, Chikkaballapura District, insofar as the petitioners herein/accused Nos.1 to 6, is hereby quashed;

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iii. It is made clear that the quashment of the impugned criminal proceedings against the petitioners pursuant to complaint given by respondent No.2 will not come in the way of the parties working out their respective rights before the competent authority;

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iv. The Deputy Director of Land Records, Chikkaballapura, before whom the appeal is pending, is directed to dispose of the said appeal, in accordance with law, after providing sufficient and reasonable opportunity to both petitioners as well as respondent No.2, as expeditiously as possible;

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