Criminal proceedings cannot be sustained when they arise from a predominantly civil dispute, thus warranting quashing of the FIR and charge sheet.

ORAL ORDER

In this petition, petitioners seek the following reliefs:

"a) Quash the FIR bearing in Crime No.139/2022 registered by the respondent No.1 Rural Police Station, Bhadravathi, punishable for the alleged offences under Sections 323, 354, 504, 506 r/w 34 of IPC and Sec.3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015 at Annexure -

A;

b) Quash the charge sheet dated 05.09.2022 filed against the petitioners in Spl.C.No.5007/2023 for alleged offences under Sections 323, 354, 504, 506 read with 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities)

Act, 2015 At Annexure - C;

c) Quash the entire proceedings in Spl.C.No.5007/2023 pending consideration before the Hon'ble IV Addl. District And Sessions Court, Shivamogga Sitting At Bhadravathi, punishable for alleged offences under Sections 323, 354, 504, 506 read with 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities)

Act, 2015 At Annexure - D; and d) Pass any other order/s that this Hon'ble Court deems fit, in the interest of justice and equity."

2. Heard the learned counsel for petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that both the families of the petitioners and respondent No.2 have put forth their rival claims in relation to immovable property in Sy.No.37/1a1 and 37/2 situated at Aralikoppa Village, Kasaba Hobli, Bhadravathi Taluk, Shivamogga District, in respect of which a civil suit in O.S.No.111/2019 is pending between the parties. On 24.02.2020, the Trial Court pass an order of status quo which was assailed by the petitioners before the first appellate Court in M.A.No.14/2020 which was dismissed and pursuant to which the petitioners approached this Court in W.P.No.13510/2020 (GM-CPC) which was allowed vide final order dated 04.04.2022. In relation thereto, an application for Police protection was also filed and allowed by the Trial Court vide order dated 08.04.2022. Meanwhile, the respondent No.2 has filed the instant complaint against the petitioners alleging commission of offences punishable under Sections 323, 354, 504, 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3(1)(r) 3(1)(s), 3(2)(Va) of Scheduled Castes/Scheduled Tribes (Prevention Of Atrocities) Act, 2015 which was registered as an FIR in Crime No.139/2022 dated 25.06.2022 and after investigation, the same is currently pending in Special Case No.5007/2023 before the Trial Court, which is assailed in the present petition.

4. A perusal of the aforesaid facts and circumstances and the undisputed fact that there is a civil litigation pending between the parties in relation to an immovable property is sufficient to come to the conclusion that the dispute between the parties is essentially, pre-dominantly and overwhelmingly of civil nature/character which is sought to be given a criminal colour/texture/flavour by the respondent No.2, which is impermissible in law, in the light of the judgments of the Hon'ble Apex Court in the case of (1)Naresh Kumar and Another Vs. State of Karnataka & Another reported in2024 INSC 196 , (2)Lalith Chaturvedi and others Vs. State of Uttar Pradesh and another , reported in2024 SCC OnLine SC 171; and (3) K. Bharathi Devi and Another Vs. State of Telangana and Another reported in2024 INSC 750

5. Under these circumstances, I am of the opinion that the necessary ingredients constituting the aforesaid offences are not forthcoming and conspicuously absent from the impugned FIR, complaint, charge sheet material statement of witnesses and docum