IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.8108 OF 2018 BETWEEN:
1. BALACHANDRA HEGDE S/O MADHUKESARI HEGDE, KESAVANAMANE GRAMA SIRSI TALUK, UTTARAKANNADA KARNATAKA, (IN FIR NAME IS WRONGLY SHOWS) ACTUAL NAME IS BALACHANDRA HEGDE S/O MADHUKESHWAR HEGDE, A/A 30 YEARS, KESINMANE, PO BHAIRUMBE, TALUK SIRSI, UTTARAKANNADA-581 402.
2. MADHU KESARI HEGDE KESHAVAMANE GRAMA SIRSI TALUK, UTTARAKANNADA, KARNATAKA.
(IN FIR NAME IS WRONGLY SHOWS) ORIGINAL NAME AND ADDRESS IS:- MADHUKESHWAR HEGDE S/O GOPAL HEGDE, A/A 65 YEARS, KESINMANE, PO BHAIRUMBE, TALUK SIRSI, UTTARAKANNADA-581 402.
3. SMT. MEENAKSHAMMA KESAVANAMANE GRAMA SIRSI TALUK, UTTARAKANNADA, KARNATAKA, (IN FIR NAME IS WRONGLY SHOWS) ORIGINAL NAME AND ADDRESS IS:- SMT. MEENAKSHI HEGDE, W/O MADHUKESHWAR HEGDE, A/A 60 YEARS, KESINMANE, PO BHAIRUMBE, TALUK SIRSI, UTTARAKANNADA-581 402.
…PETITIONERS (BY SHRI LAXMESH P.MUTAGUPPI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.
(COMPLAINT BY HOLEHONNUR P.S., BHADRAVATHI RURAL CIRCLE, SHIVAMOGGA-577 202).
2. M.V.PRAKASH BIN K.G.VEERABHADRAPPA, A/A 35 YEARS, OCC: AGRICULTRIST, AT & R/O MALAVAGOPPA VILLAGE, TALUK SHIMOGGA, SHIVAMOGGA-577 202.
… RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR R1 SHRI BHADRINATH R., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED IN TUNGA NAGAR POLICE STATION CRIME NO.484/2016 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420, 506, 114 R/W 34 OF IPC IN C.C.NO.1856/2018 PENDING ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT SHIVAMOGGA, IN SO FAR AS THE PRESENT PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent No.2 filed a complaint against petitioners, registered as Crime No.484/2016 on 27.10.2016 in Tunga Nagar Police Station alleging commission of offences punishable under Sections 406, 420, 506 and 114 read with Section 34 of IPC.
2. Police, after investigation, filed the charge sheet. Petitioners have challenged the criminal proceedings in C.C.No.1856/2018 on the file of III Additional Civil Judge & JMFC, Shivamogga.
3. Shri Laxmesh P.Mutaguppi, learned advocate for the petitioners submits that sum and substance of the complaint is that the petitioners have purchased areca nut worth Rs.12,74,000/- from the complainant and paid a sum of Rs.1,00,000/- as advance sale consideration, but have not paid the balance consideration. Adverting to the last paragraph in the complaint, it is pointed out that the complainant has averred in the complaint that action may be taken against the accused to recover a sum of Rs.11,74,000/-. Admittedly, the complaint is filed seeking recovery of money. Therefore, the matter is purely civil in nature. Accordingly, he prays for allowing this criminal petition.
4. Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1-State and Shri Bhadrinath R., learned advocate for respondent No.2 argued in support of the charge sheet.
5. I have carefully considered rival contentions and perused the records.
6. A careful reading of the complaint does not disclose any criminal offence. It only states that the accused have purchased areca nut from the complainant worth Rs.12,74,000/- and paid advance consideration of Rs.1,00,000/-. Accordingly, complainant has requested the police to initiate action against the accused and to recover Rs.11,74,000/- from them. This is impermissible in law.
7. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.1856/2018 arising out of Crime No.484/2016 pending on the file of III Additional Civil Judge (Jr.Dn.) and JMFC, Shivamogga, are quashed insofar as the petitioners are concerned.
Sd/- JUDGE PB