The court emphasized that criminal proceedings initiated with mala fide intentions and lacking a prima facie case constitute an abuse of process, warranting quashing under Section 482 of the Cr.P.C.

JUDGMENT :

B.R. GAVAI, J.

1. The present appeal challenges the judgment and order dated 14th November 2013 passed by a learned Single Judge of the High Court of Karnataka at Bangalore in Criminal Petition No. 3850 of 2010, whereby the High Court has dismissed the petition filed by the present appellants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) praying thereby to quash proceedings registered in C.C. No.29027 of 2010 pending on the file of IIIrd Additional Chief Metropolitan Magistrate, Bangalore (for short, “ACMM, Bangalore”).

2. A perusal of the materials placed on record would reveal that there is a longstanding dispute between the appellants on one hand and respondent No.2 and his brothers/sisters on the other hand. The appellants are the absolute owners and in actual possession and enjoyment of the property bearing No.13 situated at Subbanna Char Lane, 2nd Cross, Cottonpet, Bangalore, Karnataka (hereinafter referred to as the “suit property”). The suit property has fallen to the appellants on account of them being the legal heirs of one Smt. K. Janakamma. Respondent No.2 and his siblings are the legal heirs of one Shri Narasimha Murthy, who was a party to the sale deed executed on 16th November 1953 whereby the suit property was sold to said K. Janakamma.

3. It appears that respondent No.2 and his siblings thereafter attempted to encroach upon the appellants’ suit property and as such the appellants filed a civil suit being O.S. No.11107/2016 in Court of Principal City Civil and Sessions Judge at Bangalore seeking a decree of permanent injunction to prohibit respondent No.2 and his siblings from interfering with the lawful possession and enjoyment of the suit property. In the said suit, an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, “CPC”), also came to be filed by the appellants. In the said proceedings, the learned Principal City Civil and Sessions Judge, Bangalore, vide the judgment and order dated 19th December 2006, granted temporary injunction in favour of the appellants restraining respondent No.2 and his siblings from encroaching upon any portion of the suit/schedule property and from changing katha of suit property.

4. It further appears that the appellants thereafter filed another civil suit being O.S. No.1943/2008 in the Court of City Civil Judge at Bangalore for declaration of ownership of the suit property.

5. On 25th November 2008, respondent No.2 however lodged an FIR under Sections 448 and 506 of the Indian Penal Code, 1860 (for short, “IPC”) alleging therein that the appellants had threatened respondent No.2 to withdraw the civil suits. In the said FIR, it was further alleged that respondent No.2 was threatened by the appellants that in case he does not withdraw the civil suits, he will meet with the dire consequence of his death.

6. On the basis of the FIR lodged by respondent No.2, an investigation was carried out and a chargesheet was filed by the PSI of Cottonpet Police Station on 24th March 2010.

7. On 26th June 2010, the ACMM, Bangalore took cognizance and issued summons to the appellants herein.

8. Being aggrieved thereby, the appellants approached the High Court praying to quash the criminal proceedings. The learned Single Judge of the High Court, though noticed that there was a longstanding civil dispute between the parties, refused to quash the proceedings and dismissed the criminal petition under Section 482 of the Cr.P.C.

9. Being aggrieved thereby, the appellants filed the present appeal by way of special lea