SANJEV REDDY v. THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ PS BIDAR

(BY SRI. RAVI B PATIL, ADVOCATE) AND:

THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ PS BIDAR, REP BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT BUILDING, KALABURAGI-585103. (PROSECUTION)

SHOBAWATI W/O KSHINATH AGED ABOUT 55 YEARS, OCC. HOUSEHOLD, R/O NO.136 YERNALLI-D VILLAGE TQ. AND DIST. BIDAR, PRESENTLY R/O HAROGERI, BIDAR-585401 (BY SMT. ANITHA REDDY, HCGP FOR R1; SRI. HANAMANTHRAYA SINDOL, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED FIR IN CRIME NO.96/2023 DATED 19.05.2023 REGISTERED BY THE 1st RESPONDENT POLICE UNDER THE PROVISIONS OF SEC. 143, 147, 448, 354, 504, 506 R/W 149 OF INDIAN PENAL CODE PENDING ON THE FILE OF PRL CIVIL JUDGE AND JMFC-II AT BIDAR. THIS PETITION, COMING ON FOR FURTHER DICTATION, THIS DAY, THE COURT MADE THE FOLLOWING: SUJATA SUBHASH PAMMAR Digitally signed by SUJATA SUBHASH PAMMAR 06:53:43 +0530 - 2 - NC: 2024:KHC-K:1455 CRL.P No. 200549 of 2023 ORDER Petitioner-accused No.1, who is sought to be prosecuted for the offences punishable under Sections 143, 147, 448, 354, 504, 506 R/w Section 149 of IPC is before this Court, challenging the registration of FIR in Crime No.96/2023.

2. The case of the prosecution is that, on 19.05.2023, the accused criminally trespassed into the house of the complainant, which is under construction, abused them in filthy language and threatened them with dire consequences stating that the property belongs to accused No.1.

Learned counsel for the petitioner-accused No.1 submits that the said property is purchased by accused No.1 and his name is mutated in the concerned municipality records and a suit is filed for perpetual injunction against the son of the complainant and the same is pending consideration. Hence, he submits that the dispute between the parties is with regard to the identity of the property and the same is seized before the Civil Court in O.S.No.186/2019.

Learned High Court Government Pleader for the respondent-State and the learned counsel for respondent No.2 submits that, the allegations made in the FIR discloses the commission of the offence alleged against the accused and the veracity of the allegations require to be investigated and at this stage, the registration of the FIR does not warrant any interference. - 3 - NC: 2024:KHC-K:1455 CRL.P No. 200549 of 2023

Considered the submissions made by the learned counsel for the parties.

The petitioner – accused No.1 has filed a suit in O.S. No.186/2019 for perpetual injunction against the son of the complainant, and there is a dispute between the parties with regard to the identity of the property. When there is a cloud over title over the property, it would be an abuse of process of law, if the proceedings are allowed to continue, since the Police cannot go into the question as to the lawful possession of the parties over the subject property, when the matter is seized before the Civil Court. Therefore, the dispute between the parties is purely civil in nature, however, given a criminal texture. Accordingly, I pass the following: ORDER Criminal petition is allowed. The impugned Information Report in Crime No. 96/2023 registered by the Gandhi Gunj Police Station, Bidar is hereby quashed. Sd/- JUDGE RSH / CT:ANB List No.: 19 Sl No.: 6