The court reaffirmed that criminal proceedings cannot be initiated based solely on civil disputes; the FIR was quashed due to lack of substantive allegations of a crime under the relevant laws.

ORDER :

M. NAGAPRASANNA, J.

The 1^st petitioner a Company by name Seven Hills Developers and Traders and other individuals are at the doors of this Court calling in question registration of a crime in Crime No.373 of 2023 registered for offences punishable under Sections 427 , 143, 147, 149, 323, and 447 of the IPC and Sections 3(1)(r), 3(1)(g), 3(1)(f) and 3 (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act’ for short).

2. Heard Sri Ravi B.Naik, learned senior counsel appearing for the petitioners, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri S.Yathiraj, learned counsel appearing for respondent No.2.

3. Facts, in brief, germane are as follows: -

The 2^nd respondent the complainant. The 2^nd respondent sold certain agricultural lands bearing Sy.No.108/1 in Yelahanka Village and Hobli, Bangalore North Additional Taluk, Bengaluru by way of a registered sale deed dated 24-09-2021 and is said to have put the 1^st petitioner/company in possession thereof. The 1^st petitioner/company which is said to be put in possession, is in possession of the property as on the date of registration of complaint as well. After the sale of the property, it is the averment in the petition that the complainant and co-vendors repeatedly started to cause hindrance in the possession of the 1^st petitioner and, therefore, the 1^st petitioner registers a complaint against the 2^nd respondent and several others on 09-09-2023 on the allegation that the 2^nd respondent and others attempted to trespass into the property of accused No.1/1^st petitioner. The said crime is being investigated into. The 2^nd respondent and others register a civil suit in O.S.No.5367 of 2023 seeking declaration and consequential relief of cancellation of sale deed entered into between the parties on 24- 09-2021. There is also a writ petition in W.P.No.17575 of 2021 preferred with regard to revenue entries. After instituting these proceedings and immediately after the 1^st petitioner registering the crime, the impugned complaint comes to be registered against the petitioners on 10-09-2023 for the afore-quoted offences. This becomes a crime in Crime No.373 of 2023. Registration of crime drives the petitioners immediately to this Court in the subject petition. This Court grants an interim order of stay of investigation, on a prima facie opinion that registration of crime was an abuse of the process of law. Applications are filed both by the complainant and the State seeking vacation of the interim order. The matter is heard.

4. The learned senior counsel Sri Ravi B.Naik representing the petitioners would vehemently contend that a sale deed is executed between the complainant and the 1^st petitioner. The sale consideration/amounts are transferred by the 1^st petitioner in favour of the complainant through RTGS. The documents of such transfer are appended to the petition. The grievance of the 2^nd respondent/complainant appears to be that she would have got more amount if she had waited for some time and, therefore, to cause trouble, instituted a civil suit seeking cancellation of sale deed and declaration and on the same breath seek to register the impugned complaint on the ground that petitioners have hurled abuses against the complainant in a public place