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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Rudrappa S/o Bhimappa Savadatti – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Heard Smt.Pooja R Savadatti, the learned counsel for the petitioners and Sri. T.Hanumareddy, the learned AGA for respondent-State.
2. The petitioners are accused Nos.2 & 3. Qua accused No.1, the Co-ordinate Bench of this Court in Crl.P.No.101496/2021 disposed off on 26th March 2024, had quashed the proceedings. The same reads as follows:
“1. The petitioner who is accused No.1 calls in question registration of crime in Crime No.134 of 2019 for offences punishable under Sections 324, 326, 504, 506 r/w 34 of the IPC and pending before the I Additional Civil Judge (Junior Division) and JMFC, Dharwad.
2. Heard Sri Jagdish Patil and Smt. Pooja Savadatti learned counsel appearing for the petitioner and Sri V.S. Kalasurmath, learned High Court Government Pleader appearing for respondent No.1. Respondent No.2 though served long ago, remains unrepresented.
3. Facts, in brief, germane are as follows:
The 2nd respondent is the complainant and the petitioner is accused No.1. The father of the petitioner institutes a suit in O.S.No.131 of 2012 against the Secretary of the Gram Panchayat, Hosategur, Dharwad District and the Tahsildar, Dharwad. The said suit was for permanent injunction again
The High Court has the authority to quash criminal proceedings when allegations are improbable and do not constitute an offense, especially when they arise from civil disputes.
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to exercise jurisdiction under Sec. 482, and highlighted the necessity to balance law enforcement ....
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
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