ORDER

This petition is filed by the petitioners/accused Nos.1 and

2, under section 482 of Cr.P.C., for quashing criminal proceedings in C.C.No.1902/2022, arising out of Crime No.330/2021, registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 427, 504, 506 read with 34 of IPC, pending on the file of Prl. Civil Judge & JMFC, Bangarpet, Kolar District, KGF.

2. Heard the arguments of learned counsel for the petitioners and learned HCGP for respondent No.1. Learned counsel for respondent No.2 remained absent continuously.

3. The case of the respondent No.2, is that the respondent No.2 and the vendor of the petitioners were said to be co-parceners and the petitioners said to have purchased the property from his brother and agreement of sale was executed.

On 1.9.2021 to 2.9.2021, the complainant was out of station and came back on 4.9.2021, later when he found accused persons entering and trespassing the house and destroying the materials. At that time, when they were questioned, they threatened with dire consequences and abused in filthy language. Hence, they went to the police station, but police not received the complaint. Thereafter, approached the higher police officials, they also not entertained the complaint. Hence, they filed private complaint and got it referred to the police under section 156(3) of Cr.P.C. In turn, the police registered the FIR. Police investigated the matter and filed the charge sheet, which is under challenge.

4. Learned counsel for the petitioners contended, the petitioners have purchased the said property. There was an agreement of sale, entered between the parties in 2014 itself, where respondent No.2 himself was witness to the agreement. Subsequently, in 2021 sale deed has been executed. The petitioners are in possession of the said property. There is no question of trespass and causing any damages. They have filed false complaint. Even respondent No.2 filed a civil suit, where no temporary injunction was granted by the trial court. The respondent filed the suit for partition. Therefore, continuing criminal proceedings against the petitioners is abuse of process of law. Hence, prayed for quashing the petition.

5. Per contra, learned HCGP seriously objected the petition and stated there is a cognizable case made out against them.

6. Having heard the arguments, perused the records. On perusal of the same, which reveals, the respondent No.2 submits, he is in possession of the property and it was joint family property. These petitioners trespassed and took over the position by putting up a wall in front of the door. Whereas in the further statement, he himself stated, there was an agreement of sale. The sale consideration was also shown as very less, but his brother took huge amount. He has admitted agreement of sale and he himself is witness to the agreement of sale. Based Upon the agreement of sale, the petitioners obtained sale deed from the brother of the complainant Vasudev. Now the matter is pending before the civil court, though the private complaint has been filed for various offences including 107, 120B, 426, 447, 448, 451, 453, 454, 456, 457, 504, 506 of IPC, but the police have charge sheeted only for offences punishable under Sections under Sections 427, 504, 506 read with 34 of IPC, which reveals the respondents is claiming share in the schedule property . It is submitted that the civil suit also filed for partition and he himself is witness to the agreement. Such being the case, conducting criminal proceedings against petitioners only for the offences punishable under Section 504 and 506 and damaging the properties punishable under Section 427 of IPC, does not arises and also it amounts to abuse of process of law. Hence, I proceed to pass the following order.

Accordingly, this petition is allowed.

Consequently, criminal proceedings against the petitioners in C.C.No.1902/2022, arising out of Crime No.330/2021, registered by Bangarpet Police Station, pending on the