IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8452 OF 2017 BETWEEN:
NARAYANAPPA S/O. KURIGALAPPA @ PAPAIAH AGED ABOUT 48 YEARS R/AT. NO.9/10, 1ST MAIN ROAD JAGADAMBA LAYOUT MEDAHALLI, VIRGONAGAR POST BENGALURU-560 049.
…….PETITIONER (BY SRI: PUJAPPA, FOR SRI. SANJEEV RAO.S., ADV., ) AND:-
1. STATE OF KARNATAKA REP. BY K.R. PURAM POLICE STATION BENGALURU-560 036.
REP. BY ITS SPP HIGH COURT BUILDING BENGALURU-560 001.
2. G. ANJINAPPA S/O. GUNDAPPA AGED ABOUT 70 YEARS R/AT. NEAR NEW BEML HOSPITAL G.M. PALYA THIPPASANDRA POST BENGALURU-560 075.
…….RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION *482 CR.P.C. TO QUASH THE FIR NO.197/2017 AND FURTHER PROCEEDINGS PENDING BEFORE THE HON’BLE X ADDL. C.M.M., BENGALURU IN CR.NO.197/2017 VIDE ANNEXURE-B BY ALLOWING THIS CRL.P.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has sought to quash the FIR in Cr.No.197/2017 for the offences punishable under sections 448, 465, 468, 420, 471, 323, 504 and 506 r/w 34 Indian Penal Code.
Heard learned counsel for petitioner and learned Addl. SPP for respondent No.1. Respondent No.2 is served and unrepresented. Perused the records.
2. According to the second respondent/complainant, he is the absolute owner in possession of 36 guntas of land comprised in Sy.No.122, by virtue of a registered Will executed Corrected vide Chamber Order dated 24.07.2019 by one Smt. Jagadamba. Bare and bald allegations are made in the complaint alleging that with intent to knock off these properties, petitioner has created false and fabricated documents. Complaint is silent as to the nature of documents alleged to have been fabricated by the petitioner. On the other hand, the case of the complainant is that pursuant to the registered Will executed in his favour, mutation entries has been made in his name by the revenue authorities and he is in lawful possession of the said properties. The material produced by learned counsel for the petitioner indicates that at the earlier instance, second respondent had lodged a complaint against the petitioner alleging trespass into his properties. In the said proceedings, no allegations appears to have been made against the petitioner alleging fabrication of documents. Petitioner herein is seen to have been acquitted of the charge of trespass levelled in C.C.No.5143/2013 before the learned Addl. CJM, Bengaluru Rural District. It is also borne on record that the second respondent has filed another complaint against the petitioner in C.C.No.5451/2015 under Sections 427, 504, 323 and 506 r/w 34 Indian Penal Code. Even the said complaint has ended in acquittal. All these circumstances therefore indicate that the second respondent has been abusing criminal process to settle scores with the petitioner only out of spite and to harass the petitioner. The allegations made in the complaint do not disclose the ingredients of the offences alleged in the FIR. No material is available in support of these accusations. As a result, proceedings initiated against the petitioner being malafide, vexatious, baseless and ulteriorly motivated are liable to be quashed.
Accordingly, the petition is allowed. The FIR in Cr.No.197/2017 and the consequent proceedings pending on the file of learned X Addl. Chief Metropolitan Magistrate are quashed.
Sd/- JUDGE *mn/-