Violation of procedural requirements leading to quashing of FIR under natural justice.

ORAL ORDER

In this Petition, Petitioners seek the following reliefs:

"a) To quash the first information report in crime No.581/2024 Hebbagodi P.S, for offences punishable under section 104, 192-A of Karnataka Land Revenue Act of 1964 read with under section 329(3), of Bharatiya Nyaya Sanhita 2023, the same is pending on the file of 2^nd Additional Civil Judge (Junior Division) and JMFC at Anekal Bangalore Urban District and complaint filed by the second respondent are produced underANNEXURE - A, now the same is pending on the file of the A2nd Additional Civil Judge (Junior Division) & JMFC at Anekal Bangalore Urban District and, b) To grant such other relief\s, in the interest of justice and equity."

2. Heard the learned counsel for the Petitioners and learned HCGP for Respondents and perused the material on record.

3. A perusal of the material on record will indicate that the second Respondent filed the impugned complaint dated 12.09.2024 registered as an FIR in Crime No.581/2024 against the Petitioners for alleged offences p/u/s 104 and 192A of the Karnataka Land Revenue Act , 1964 and Sections 329 (3) of BNS , 2023. In this context, it is relevant to state that in so far as offences p/u/s 104 and 192A of the Karnataka Land Revenue Act are concerned, the impugned proceedings deserves to the quashed as already held by this Court in the case of Sri M Veeranna and Another v. State of Karnataka AND ANOTHER, inCrl.P.No.58/2025 disposed off on 15.01.2025 wherein it is held as under:

"In this petition, petitioners seek the following reliefs:

“Wherefore, the petitioners most humbly pray that this Hon’ble Court may be pleased to quash the Complaint and FIR in Crime No.0145/2024 registered by the 1^st respondent Chennarayapatana Police Station against them for alleged offence punishable under Sec.192(A) of the Karnataka Land Revenue Act , 1964, pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC Court, Devanahalli, Bengaluru Rural District, in the interest of justice.”

2. Heard learned counsel for the petitioners and learned HCGP for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the impugned proceedings arising out of the complaint registered as FIR in Crime No.145/2024 for the offence punishable under Section 192-A of the Karnataka Land Revenue (Amendment) Act, 2007 was not been preceded by the Show Cause Notice prior to registration of the FIR. 4. Under identical circumstances, in the case of Smt. Lalitha Sastry Vs. State of Karnataka and others – ILR 2008 KAR 4520, the Co-ordinate Bench of this Court has held as under:

“In all these Writ Petitions the petitioners are seeking the relief of quashing the complaint filed by the Tahsildar against them with the jurisdictional Station House Officer and the proceedings initiated against the petitioners before the Chief Metropolitan Magistrate/Chief Judicial Magistrate as well as the charge sheets filed against them.

2. The main grievance of the petitioners in all these cases is, they are in occupation of the disputed land in question in their own right. It is not a Government land. They have not encroached upon any portion of the Government land. In fact some of them are purchasers of such lands. They are put in possession by their vendors, on the basis of documents handed over to them at the time of purchase. They are not aware of the factual position and may be innocent also. In spite of the same these proceedings are initiated against them as if they have encroached the Government land which is made an offence now by amendment of the Karnataka Land Revenue Act by introducing Section 192A. Some of t