Dig itally signed by PRATIBHA M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDING IN C.C.NO.2334/2022 (CR.NO.61/2022 SIRUGUPPA P.S.) PENDING BEFOR CIVIL JUDGE AND JMFC, SHIRAGUPPA, BALLARI REGISTERED BY THE RESPONDENTS FOR THE OFFENCE PUNISHABLE U/S.406, 420 R/W. 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This petition is filed by the petitioners/accused Nos.1 and 2 under Section 482 of Cr.P.C., to quash proceeding with following relief’s;

“WHEREFORE, the petitioner/accused Nos.1 and 2 most respectfully pray that;

This Hon’ble Court be pleased to allow the petitioner and quash the entire proceedings in C.C.No.2334/2022 (Cr.No.61/2022 Siruguppa PS) pending before Civil Judge and JMFC, Shiraguppa, Ballary registered by the respondents for the offence punishable U/s 406, 420 R/w 34 of IPC in the interest of justice and equity”.

It is the brief case of the prosecution that the petitioners, who are accused Nos.1 and 2 named in the complaint, are the President and Secretary of the Jamiya Mosque. The Government had sanctioned an amount of Rs.9,00,000/- for the improvement of the Jamia Mosque, Ediga Ground, and the Muslim burial ground. However, the petitioners, without completing the development work to the extent of Rs.9,00,000/-, allegedly misappropriated a sum of Rs.3,82,500/- and used the said amount for their personal purposes. Therefore, the Wakf Officer lodged a complaint against the petitioners based on the report of the Lokayukta Engineer. Accordingly, a crime has been registered for the aforementioned offences.

Heard the learned counsel for the petitioners and the learned HCGP for the State, and perused the material on record.

The learned counsel for the petitioners/accused Nos.1 and 2 submitted that, based on the Lokayukta report, the petitioners have reimbursed the amount of Rs.3,82,500/- to the Karnataka State Board of Auqaf. Therefore, she prays to quash the criminal proceedings initiated against the petitioners.

The learned HCGP submitted that, though the petitioners have reimbursed the amount, they had the intention to cheat the Auqaf Board, and therefore a trial is necessary. Hence, he prays to dismiss the petition.

Upon considering the documents available at this stage, it appears that the petitioners misappropriated an amount of Rs.3,82,500/- and used it for personal purposes. The Lokayukta Engineer conducted an enquiry and recommended the initiation of necessary legal proceedings for recovery of the said amount. A copy of the Lokayukta report is annexed to the petition. Based on this report, the Wakf Officer lodged a complaint before the police.

The learned counsel for the petitioners submitted that, in compliance with the Lokayukta report, the petitioners have reimbursed Rs.3,82,500/- to the Karnataka State Board of Auqaf, Bengaluru, and have produced a certificate issued by the Board along with a copy of the demand draft. These documents establish that the petitioners have repaid the amount as directed in the Lokayukta report.

When the Lokayukta report recommends initiation of proceedings for recovery of money, criminal proceedings have been initiated. Without initiating civil proceedings for recovery of money, criminal proceedings have been pursued, and subsequently, the petitioners have reimbursed the amount. Therefore, there is no purpose in continuing the proceedings.

The reimbursement of the amount made by the petitioners to the Karnataka State Board of Auqaf demonstrates compliance with the Lokayukta report. This case falls under the ingredient under Section 482 of Cr.P.C., wherein, to secure the ends of justice, the proceedings are liable to