Crl.P.No.1300/2014,

Crl.P.No.1299/2014

and

Crl.P.No.3345/2017 are filed by the petitioners under

Section

482

of

Cr.P.C.

for

quashing

the

criminal

proceedings in respect of Crime Nos.170/2012 for the

offences punishable under Sections 447, 427, 504, 506 of

IPC, in Crime No.8/2012 for the offences punishable under

Sections 427, 379, 447 of IPC and in Crime No.9/2013 for

the offences punishable under Sections 447, 427 read with

Section 34 of IPC filed by respondent No.2 before the

Ponnampet Police Station, Kodagu.

5

2.

Heard the arguments of learned counsel for the

petitioners, learned High Court Government Pleader for

respondent No.1-State and learned counsel for respondent

No.2 in all the cases.

3.

The complainant-respondent No.2 is same in

all three cases and apart from other petitioners, petitioner

No.1 is accused No.1 in all three cases, hence, taken

together for common disposal.

4.

In Crl.P.No.1300/2014, respondent No.2 has

filed a complaint to the Ponnampet Police Station, Kodaga

on 02.10.2012 which was registered in Crime No.170/2012

alleging that he is having property where the petitioner

No.1 is also having adjacent property who is said to be

running Bar and Restaurant in his property where

respondent No.2 said to be let out the space for the

tenants. Petitioners trespassed into the property of the

respondent on 29.09.2012, caused damages by removing

the fencing and caused loss to the complainant, hence,

6

prayed for taking action. The Police after registering the

case, investigated the matter and filed the charge-sheet

for the offences punishable under Sections 447, 427 and

379 of IPC which is under challenge.

5.

In

Crl.P.No.1299/2014,

where

the

same

complainant filed previous complaint before the Police on

12.01.2012 on the similar allegation that the petitioners

trespassed the property of the respondent on 05.01.2012,

caused damages of Rs.30,000/- and also stolen the

fencing. After registering the FIR in Crime No.8/2012, the

Police investigated the matter and filed 'B' report stating

that there is a civil dispute pending before the Civil Court

and civil dispute between the parties. Subsequently, the

Magistrate is said to be taken cognizance against the

petitioners and hence, they are before this Court.

6.

Crl.P.No.3345/2017 is filed by the same

respondent No.2 on 17.01.2013 which is registered in

Crime No.9/2013 where again the complainant has alleged

that on 14.01.2013, again the petitioner and others

7

trespassed his property, abused in filthy language and

caused

damage

to

the

property.

The

Police

after

investigation, filed 'B' report and the Magistrate is said to

be taken cognizance against the petitioner which is under

challenge.

7.

Learned

counsel

for

the

petitioners

has

contended that there is a civil dispute between the

petitioner-V.A.Veeraj and respondent No.2. Both are

neighbours. Respondent No.2 has filed civil suit in

O.S.No.54/2012 seeking declaration and possession which

clearly shows that respondent is not in possession of the

property and the petitioner also filed a suit against the

respondent for injunction which is also pending before the

Civil Court. The matter is purely civil in nature arising out

of the civil dispute. Therefore, conducting the criminal

case, investigating the proceedings by the Police is abuse

of process of law and therefore, prayed for quashing the

same.

8

8.

Per contra, learned counsel for the respondent

has contended that the respondent No.2 is the owner of

the property and he is also filed a suit for declaring

injunction, but he is in possession of the property. The

fencing was removed by the petitioner by trespassing the

property of the respondent, encroaching the same and

causing damages, abusing in filthy language will attract

criminal case. In Crl.P.No.1300/2014 in respect of Crime

No.170/2012, the Police investigated the matter and filed

the charge-sheet and petitioner required to face the trial

and other two cases were also registered after recording

the sworn stateme