OR

DIRECTION,

QUASHING

ENTIRE

PROCEEDINGS

IN

FIR

IN

CRIME

NO.9/2020

IN

C.C.

NO.63/2021 FOR THE OFFENCES P/U/SEC.143, 147, 447, 109,

R/W 149 OF IPC, FILED BY THE RURAL POLICE STATION,

YADGIRI BEFORE THE COURT OF CIVIL JUDGE (JR.DN) AND

JMFC

AT

YADGIRI

IN

SO

FAR

AS

PETITIONERS

ARE

CONCERNED.

CRL.P.200185/2021:

SMT GIRIJA PATIL

W/O RAVINDRA REDDY

AGE: 45 YEARS

OCCU: HOUSEHOLD WORK

R/O NO.48, 57A CROSS 4^TH BLOCK

RAJAJI NAGAR, BENGALURU-560 010

SMT. NIMBEWWA @ NIRMALA

W/O MALLIKARJUN SAHUKAR

AGE: 48 YEARS

OCC: HOUSEHOLD WORK

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R/O PLOT NO. 27, BALAJI NAGAR

KALBURAGI-585102

(BY SRI BASAVARAJ S., SENIOR COUNSEL AND

SRI R.S. LAGALI, ADVOCATE)

THROUGH THE SHO YADGIRI RURAL PS

REP. BY THE ADDL STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

KALABURAGI BENCH-585102

AGE: 45 YEARS, OCC: HOUSEHOLD

R/O HONAGERA VILLAGE

TQ. AND DIST. YADGIRI

NOW RESIDING AT MAILAPUR AGASI

SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE FOR R2)

ALLOW THIS CRIMINAL PETITION PRAYING TO, ALLOW THIS

CRIMINAL PETITION AND THEREBY QUASH THE FIR DATED

21.01.2020 REGISTERED IN YADGIRI RURAL POLICE STATION

FIR NO.9/2020 FOR THE OFFENCES PUNISHABLE U/SEC. 143,

147, 114, 447, R/W SEC.149 OF IPC, PENDING ON THE FILE OF

ADDL. JMFC, COURT YADGIRI AND INVESTIGATION PURSUANT

TO THE REGISTRATION OF FIR, AGAINST THE PETITIONERS

AND ETC.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

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ORDER

These two petitions have been filed by the petitioners

seeking to quash the charge sheet in C.C. No.63/2021 pending

on the file of Civil Judge (Jr.Dvn) and JMFC, Yadgir, for the

offences under Sections 143, 147, 447, 109 read with 149 of

IPC.

2.

It is the case of the prosecution that, the

complainant is the daughter-in-law of Basanthraya Gouda. The

said Basanthraya Gouda had four children. Out of the said four

children, the husband of the complainant is only the male

member of the family. It is stated that, the complainant’s

husband Vishwanath Reddy died four years ago as on the date

of alleged incident. It is further stated that, the complainant is

the owner of the land bearing Sy.no.247 measuring 13 acres 39

guntas. Even though she was the owner of the said property,

the possession of the same was not given to her. It is further

stated that, the sister-in-laws of the complainant handed over

the said land for cultivation to the petitioners as stated in Crl.P.

No.201362/2021. As per the averments of the complaint, the

petitioners have grown groundnut, paddy, jowar and cotton at

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the instruction of Smt.Girija Patil and Smt.Nimbewwa who are

the petitioners in Crl.P. No.200185/2021. It is further stated in

the complaint that, after growing the crops, it was not shared

to the complainant. As such, the complaint of trespass has

been filed against all the petitioners in both the cases.

3.

Heard Sri.Basavaraj.S, learned Senior Counsel

appearing on behalf of Sri.Ravindra Reddy and Sri.R.S.Lagali,

learned counsel for the petitioners and Sri.Sharanabasappa

M.Patil, learned High Court Government Pleader for the

respondent No.1 and Sri.Sharanabasappa K.Babshetty, learned

counsel

for

respondent

No.2

in

Crl.P

No.200185/2021.

Respondent No.2 in Crl.P No.201362/2021 is served.

4.

It is the submission of the learned Senior Counsel

that, the complaint filed by the complainant is not sustainable

as a civil suit between the complainant and Smt.Girija Patil and

Smt.Nimbewwa is pending for consideration in O.S No.47/2020

on the file of the Civil Judge (Jr.Dvn) and JMFC at Yadagiri.

5.

It is further submitted that, the entire reading of

the complaint disclose that the petitioners in both the petitions

have trespassed the land and grown the crops and it was not

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shared to the complainant/respondent No.2. The entire

allegations are civil in nature and the respondent No.2 in order

to pressurize the petitioners namely Smt.Girija Patil and

Smt.Nimbewwa made all the efforts including f