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2025 Supreme(Kar) 200
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
R. DEVDAS, J.
Sri. Divakar Patil and Ors. - Petitioners
Versus
The State Of Karnataka, rep. By Malmaruthi Police Station, Belagavi, Now Rep. By State Public Prosecutor, High Court Of Karnataka and Ors. – Respondents
Criminal Petition No.102413 of 2022 (482(CR.PC)/528(BNSS))
Decided On : 03-07-2025
For the Petitioners: Sri. Ramachandra A. Mali, Adv.
For the Respondents: Smt. Girija S. Hiremath, HCGP, Sri. Nitin R. Bolbandi, Adv.
Criminal allegations must be substantiated with particulars; civil disputes cannot be converted into criminal prosecutions without proper merits.
Headnote:(A) Indian Penal Code - Sections 419, 417, 420, 464, 468, 465, 149 - Criminal Petition under Section 482 of Cr.P.C. - Petitioners sought to quash FIR alleging impersonation and fraud related to property conversion for establishing a private market - The court observed that previous litigations indicated a pattern of abuse in filing complaints regarding the same parties - The court held there lacked sufficient basis for the criminal allegations as they resembled civil disputes. (Paras 2-29)
(B) Criminal Proceedings - Locus Standi - Any person may initiate criminal proceedings, but there's a need for legitimate grievance and particulars to uphold a claim - The present complaint was dismissed owing to lack of substantial evidence and the ongoing pattern of frivolous litigation. (Paras 10, 16, 20, 27)
(C) Offences - Separation of civil and criminal matters - Mere contractual disputes or allegations of fraud when lacking particulars cannot constitute grounds for criminal action, reinforcing that civil matters should not morph into criminal prosecutions without merit. (Paras 22, 23, 25)
| Table of Content |
|---|
| 1. establishment of a private market and associated legal disputes. (Para 1 , 2 , 3) |
| 2. submission of criminal petition under cr.p.c. (Para 4 , 5) |
| 3. legal challenges to private market construction and prior litigations. (Para 6 , 7 , 8) |
| 4. allegations of forgery in the complaint. (Para 9 , 10 , 11) |
| 5. recognition of alternative remedies in law. (Para 12 , 13) |
| 6. court's reasoning on locus standi and abuse of process. (Para 14 , 15 , 16 , 18 , 19 , 20) |
| 7. the need for concrete allegations in criminal complaints. (Para 21 , 22 , 23 , 28) |
| 8. conclusion to quash criminal complaint. (Para 24 , 25 , 29) |
ORDER :
(R. DEVDAS, J.)
The petitioners have filed this Criminal Petition under Section 482 of the Code of Criminal Procedure seeking to quash the impugned complaint and FIR dated 25.04.2022 registered in Malmaruti Police Station Crime No. 52/2022 for offences punishable u/S 419, 417, 420, 464, 468, 465 r/w Sec. 149 of IPC pending on the file of learned Second Addl. JMFC, Belagavi, insofar as accused Nos.2, 3 and 5 are concerned.
2. Learned counsel for the petitioners, at the threshold submits that the complaint lodged by the second respondent who claims to be the State President of Bharatiya Krishika Sangha, is an utter abuse of the process of the Court. The learned counsel submits that the petitioners are members and office bearers of Jai Kissan Wholesale Vegetable Market Association, Belagavi, which is registered under the provisions of the Karnataka Societies Registration Act and the Society is engaged in the business of wholesale vegetable, carrying on their business established at P.B. Road, Gandhi Nagar, Belagavi. The members of the Association are also owners of various properties which were adjoining each other and therefore with an understanding that if the immovable properties are jointly developed by the Association, they would be able to establish a market for the purpose of dealing with wholesale vegetables, accordingly all individual owners of immovable properties joined together and approached the competent authority, firstly seeking conversion of the lands so that they may proceed to form a layout for the purpose of establishing shops. Accordingly all the individual owners submitted an application before the Deputy Commissioner, Belagavi, seeking conversion of the lands in Sy. No. 677, 678, 686/1, 686/2, 696/1, 697/2, 698/1 and 698/2.
3. The Deputy Commissioner, after collecting requisite fee and charges passed an order of conversion on 29.08.2015, 21.09.2015 and 01.01.2016. Thereafter the Association applied for sanction of the layout plan at the hands of the Belgaum Urban Development Authority and accordingly the authorities approved the layout plan. Pursuant to the approval granted for formation of layout, the members of the Association and the Association have invested huge sums of money to put up shops in the layout. At the time of construction there were several obstructions that were caused in the formation of layout and the construction of the shops, particularly at the hands of the rival APMC traders who were running the shops at the APMC yard. Several attempts were made to stall the formation of the private market at the hands of the association.
4. The first of the cases that was filed in that regard was in W.P. No. 102422-102423/2017. Two individual persons had filed the writ petition seeking to quash the order dated 16.05.2016 which was a provisional sanction granted by the Belgaum Urban Development Authority. However by filing a memo, petition was withdrawn and liberty was given to the petitioners to avail alternative remedy. One of the two petitioners thereafter filed a Public Interest Litigation in W.P. No. 17562/2017, once again raising a challenge to order 16.05.2016 and also sought for a direction to the authorities to take action against the Jai Kissan Wholesale Vegetable Merchants Association, not to put up the construction pursuant to the provisional order dated 16.05.2016. However a memo wa
