The court established that criminal proceedings can be quashed under section 482 of Cr.P.C. if they are maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

JUDGMENT

Ashok G Nijagannavar, J. - This petition is filed for quashing the FIR in Haliyal P.S.Crime No.134/2019 registered on 15.10.2019, which is registered as C.C.No.10/2020 on the file of Prl . Civil Judge and JMFC Court, Haliyal, after filing of the charge sheet.

2. The facts leading to the petition are that the lands bearing Block Nos.173/1, 173/2 and 173/4 were allotted by the Government to the father and uncles of the petitioners under rehabilitation scheme as per order No.RHSS 87 dated 23.12.1977. They being the grantees are in occupation of the said lands. In the year 2011, respondents No.3 and 4 and others caused obstruction to their use and enjoyment of the lands. Therefore the father and uncles of the petitioner had filed O.S.No.89/1981 for the relief of permanent injunction. The said suit was decreed in their favour. Thereafter respondent No.4 and his family members once again started causing obstruction to their possession. Therefore P.C.No.59/2011 was filed before the JMFC Court, Haliyal , for the of fences punishable under sections 143, 147, 341, 447, 504, 506 read with section 149 ofIPC. The said private complaint was referred for investigation under section 156(3) of Cr.P.C. On 29.7.2011 the charge sheet was filed and it was registered as C.C.No.134/2012. The said case was compounded/compromised on 21.11.2014. Even then the respondents did not stop theirillegal activities and started interfering with the possession of the petitioners. Therefore section 107 of Cr.P.C. proceedings were initiated. In the said proceedings before the Taluka Executive Magistrate, the respondents gave undertaking that they will not interfere with the possession of the petitioners. Thereafter the respondents tried to interfere with the possession of the petitioners. Hence a private complaint was filed by the petitioners on 30.5.2018 and the matter was referred to police for investigation. But till today the police have not filed the charge sheet in private complaint No.36/2018.

3. In the year 2019, the petitioners filed another P.C.No.1/2019 on 30.1.2019. The matter was referred to police under section 156(3) of Cr.P.C. But no charge sheet is filed till this day. Later, on 15.10.2019 when respondent No.4 filed the complaint against the petitioners before the Haliyal police, FIR was registered in P.S.Crime No.134/2019 and after investigation the charge sheet has been filed which is numbered as C.C.No.10/2019. Being aggrieved by the initiation of the criminal proceedings, the petitioners are before this Court.

4. Heard the learned counsel for the petitioners and the learned HCGP for the respondent State. Perused the entire records available at this stage.

5. Reiterating the contentions made in the petition, the learned counsel for the petitioners submitted that despite fling of three private complaints by the petitioners against the respondent and others, no legal action was taken by the police. Subsequently at the instance of the false complaint filed by the respondent No.4, the police have registered the case and have filed the charge sheet which cannot be sustained in law. Basically the dispute was in connection with the land granted to the petitioners by the Government. There was also a decree passed by the Civil Court restraining respondent No.4 from interfering with the possession of the petitioners. Thereafter the criminal proceedings are initiated with a mala fide intention to harass the petitioners, as such the proceedings initiated against the petitioners are liable to be quashed.

6. Per contra, the learned HCGP submitted that there are no valid grounds to quash the proceedings as the police have conducted full fledged investigation and have submitted the charge sheet, as there is prima facie material to show that the petitioners have committed the alleged of fences.

7. The Hon'ble Supreme Court has time and again spoken about the jurisdiction of the High Court under section 482 of Cr.P.C. and has laid down several principles