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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100302 OF 2022 (482(Cr.PC)/528(BNSS))
BETWEEN:
1. SRI. MAHADEV S/O. BALAPPA TAMBADI @ BANGARI, AGE. 64 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
2. SRI. PRAVEEN S/O. NINGAPPA LINGANNAVAR @ DOOG, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. KOTABAGI VILLAGE, TAL. HUKKERI, DIST. BELAGAVI – 591309.
3. SRI. RAHUL S/O. NINGAPPA LINGANNAVAR @ DOOG, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. KOTABAGI VILLAGE, TAL. HUKKERI, DIST. BELAGAVI - 591309.
4. SMT. RATNAVVA W/O. NINGAPPA LINGANNAVAR @ DOOG, Digitally signed by B K MAHENDRAKUMAR AGE. 52 YEARS, OCC. HOUSEHOLD WORK, B K Location: HIGH MAHENDRAKUMAR C KAO RU NR AT T O AF KA R/O. KOTABAGI VILLAGE, TAL. HUKKERI, DHARWAD BENCH Date: 2025.02.20
16:40:07 +0530 DIST. BELAGAVI – 591309.
5. SRI. BASAPPA S/O. BALAPPA TAMBADI @ BANGARI, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
6. SRI. RAYAPPA S/O. BALAPPA TAMBADI @ BANGARI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
7. SRI. RAYAPPA S/O. KADAPPA BANGARI AGE. 59 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
8. SRI. SHANKAR S/O. YALLAPPA SANNALAGAMANNAVAR, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. ARABHAVI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
9. SRI. BASAPPA S/O. RAMAPPA ANTARAGATTI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
10. SRI. LAXMAN S/O. YALLAPPA HOSUR AGE. 29 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
11. SRI. VITHAL S/O. HALAPPA ANTARAGATTI AGE. 34 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
12. SRI. REVAYYA S/O. SIDDALINGAYYA MATHAD AGE. 73 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
13. SRI. LAXMAN S/O. BHIMAPPA DODDABHIMAPPAGOL, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
14. SRI. RAMAPPA S/O. DUNDAPPA BANGARI AGE. 62 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
15. SRI. RAYAPPA S/O. BALAPPA NINGANNAVAR @ BANGARI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
16. SRI. SIDDAPPA S/O. DUNDAPPA ADADABBI AGE. 35 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI VILLAGE, TAL. GOKAK, DIST. BELAGAVI – 591218.
…PETITIONERS (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH THE HUKKERI POLICE STATION, NOW REP. BY SPP, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580001.
2. SRI. SHIVANAND S/O. PARAPPA ANGADI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KOTABAGI VILLAGE, TAL. HUKKERI, DIST. BELAGAVI – 591309.
…RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SMT. SUNANDA P.PATIL, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.1310/2017 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC, HUKKERI REGISTERED FOR THE ALLEGED OFFENCES U/S 143, 147, 148, 341, 447, 448, 427, 504 AND 506 OF IPC R/W SECTION 149 OF IPC, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners, who are charge-sheeted for offenses under various sections of the Indian Penal Code (IPC), have approached the Court seeking to quash the criminal proceedings pending in C.C. No.1310/2017 before the Civil Judge and JMFC, Hukkeri.
2. The prosecution alleges that the petitioners, forming an unlawful assembly, trespassed into a farmhouse on the subject land, demolished it with a JCB, destroyed crops, and threatened the complainant with harm.
3. The petitioners’ learned counsel argues that the dispute is civil in nature, as the mother of the complainant filed a partition suit regarding the land. The court had issued a status quo order, and the land records show that the land belongs to accused No.2. The counsel claims the criminal case has been given a malicious twist without valid grounds, and seeks to quash the proceedings.
4. The learned counsel for the respondent (complainant)
asserts that the charge sheet establishes the petitioners’ unlawful actions, and the veracity of the allegations can only be evaluated during trial, opposing the petition for quashing.
5. The Additional Government Advocate reiterates the position of the complainant.
6. Upon considering the arguments, it is noted that the complainant’s mother filed a partition suit and obtained a status quo order. The land records indicate the subject land belongs to accused No.2. Moreover, the complainant’s mother testified in the civil suit that the property wasn’t entirely demolished, and the complainant’s statement suggests the JCB operators were wrongly implicated.
7. The Court observes that a prosecution under Section
447 of the IPC for criminal trespass can only proceed if the complainant is in lawful possession of the land, which is disputed and requires civil adjudication. The dispute is between relatives and pertains to civil rights, though it has been given a criminal complexion. Consequently, the continuing the criminal proceedings would amount to an abuse of the legal process.
ORDER i) Accordingly, the criminal petition is allowed.
ii) The criminal proceedings in C.C. No.1310/2017 pending on the file of the Civil Judge and JMFC, Hukkeri, insofar as the petitioners/accused herein are concerned, is hereby quashed.
iii) All contentions of the parties are kept open to be urged in the pending suit. The Trial Court shall dispose of the suit without being influenced by any of the observations made in this order. Any observation made in the order is only for the purpose of this petition.
Pending I.As., if any, do not survive for consideration and are disposed off accordingly.
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