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2023 Supreme(Online)(KAR) 21514
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.3397/2017
BETWEEN:
1. SRI SYED ASIF PASHA
S/O. S P SYED ANWAR
AGED ABOUT 42 YEARS
2. SRI MOHAMOD SAAD
S/O SYAD ASIF PASHA
AGED ABOUT 18 YEARS
PETITIONERS NO.1 AND 2 ARE
R/AT KADARIPALYA VILLAGE
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT 562 105
..PETITIONERS
(BY SRIYUTHS NANJUNDA GOWDA M R, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
SHIDLAGHATTA RURAL POLICE
CHIKKABALLAPURA DISTRICT
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU 560 001
2
2. SMT. K GANGAMMA
D/O K KADIRAPPA
AGED ABOUT 38 YEARS
R/AT. SIDDARTA NAGARA
SHIDLAGHATTA TOWN
CHIKKABALLAPURA DISTRICT - 562 105
..RESPONDENTS
(BY SRI MAHESH SHETTY - HCGP FOR R1;
R2 SERVED & REPRESENTED)
------
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME
NO.80/2017 OF SHIDLAGHATTA RURAL POLICE NOW
WHICH IS PENDING ON THE FILE OF THE PRL. DISTRICT
AND SESSIONS JUDGE AT CHIKKABALLAPURA.
THIS
CRIMINAL
PETITION
COMING
ON
FOR
ADMISSION
THIS
DAY,
THE
COURT
MADE
THE
FOLLOWING:
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FIR is registered for the offences under Sections
143,147, 148, 341,504, 506 and 149 of IPC alleging
that when respondent No.2 was working in her
agricultural land, the petitioners-accused, who are
owners of the neighbouring land, abused her in filthy
language
and
also
threatened
her
with
dire
consequences and tried to assault her. Registration of
FIR against them is questioned by the petitioners in
this petition.
2. Learned counsel for the petitioners submits
that the dispute between the parties is purely civil in
nature, and the FIR was lodged with an ulterior motive
to circumvent the interim order granted by this Court
in W.P.No.8290/2017 against respondent No.2.
3. On the other hand, learned HCGP submits
that the allegation made in the FIR discloses
commission of the offences alleged against the
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petitioners-accused and the same requires to be
investigated. Hence, registration of FIR against the
petitioners does not warrant any interference and
sought for dismissal of the petition.
4. I have examined the submissions made by
the learned counsel for the parties.
5. The dispute between the parties arises out of
proceedings initiated for resumption/restoration of
land under Section 5 of the PTCL Act, which is evident
from the interim order passed by this Court on
5.4.2017 in W.P.No.8290/2017, staying the operation
of the order passed by the Assistant Commissioner
dated 29.8.2016 restoring the subject land in favour
of the husband of respondent No.2.
6. Pursuant to the interim order granted by this
Court, the respondent No.2, who is the wife of the
original grantee, lodged a FIR with an ulterior motive
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to circumvent the interim order granted by this Court.
The dispute between the parties is purely civil in
nature, however given a criminal texture to wreak
vengence and with a revengeful intent. Hence,
continuation of investigation will be an abuse of
process of law.
7. Accordingly, the following order is passed :
ORDER
i) Criminal petition is allowed;
ii) The FIR in Crime No.80/2017 registered by the
Shidlaghatta Rural Police is hereby quashed.
Sd/-
JUDGE
rs
