IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 6862/2012 BETWEEN NAVEEN KUMAR RAJ AGED ABOUT 32 YEARS, NO.386, PARIMALA NILAYA, BOGULUGUNTE GRAMA, YESHWANTPUR, BANGALORE-560 022.
(BY SRI PHANIRAJ KASHYAP, ADV.) AND 1. STATE BY HALASURGATE POLICE STATION, HALASURGATE, CORPORATION CIRCLE, CUBBONPET, BANGALORE 560 002.
2. ANJANA MURTHY S/O. LATE CHIKKA HANUMANTHAIAH HONNENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE 562 123.
... PETITIONER ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP-II FOR R1 SRI S. B. MUKKANNAPPA, ADV. FOR R2) *********** THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONER IN HALASOOR GATE POLICE STATION IN CRIME NO.354/2012 U/S 167, 182, 420, 468, 471, 506 R/W SEC. 34 OF IPC ON THE FILE OF THE VI A.C.M.M., BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned SPP-II for respondent No.1. Learned counsel for respondent No.2 is absent.
2. Petitioner has invoked the jurisdiction of this Court under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.354/2012 registered for the offence punishable under Sections 167, 182, 420, 468, 471, 506 read with Section 34 of IPC.
3. The petitioner was the Special Land Acquisition Officer, Bengaluru City, at the relevant time. A complaint was lodged against the petitioner and 7 other accused at the instance of 2nd respondent on 26.05.2012. In the complaint, it was alleged that the grand father of the complainant was the owner of 3 acres 9 guntas of land in respect of which accused No.2 – Hanumanthaiah collected compensation by producing fake genealogical tree. The same was questioned by the complainant before the Civil Court and obtained an injunction order. Inspite of the said order the petitioner herein disbursed the compensation to accused No.2.
4. Learned counsel for the petitioner submits that one Smt. Hanumakka D/o. Late Shulaiah had filed a suit before the Principal Civil Judge & JMFC, Nelamangala in O.S.No.171/2012, wherein the petitioner was arrayed as defendant No.3. After trial, the said suit was decreed on 19.03.2012 whereunder the petitioner herein (defendant No.3 in O.S.No.171/2012) was directed to disburse the compensation amount in respect of properties comprised in Sy.No.28/1 – 24 guntas, Sy.No.28/4 – 8 guntas and Sy.No.24/4 – 2 acres 26 guntas to defendant No.1 therein, namely accused No.2 – Sri Hanumanthaiah and accordingly the compensation was disbursed on 28.04.2012, the said judgment and decree in O.S.No.171/2012 has attained finality. Therefore, initiation of proceedings against the petitioner cannot be sustained and is liable to be set aside.
5. The petitioner has produced the certified copy of the judgment and decree in O.S.No.171/2012 wherein the petitioner herein is arrayed as defendant No.3. In the decree, petitioner herein (defendant No.3) is directed to disburse the compensation amount in respect of the above properties to Sri Hanumanthaiah – defendant No.2 (accused No.2 in Crime No.354/2012). Since the learned counsel for the petitioner submits that no appeal has been filed by any of the parties to the said proceedings before any Forum, this judgment and decree has attained finality.
6. In view of the above facts, there is no cause of action for the complainant to make accusation against the petitioner herein as contained in the FIR. The prosecution of the petitioner for the alleged offence is, therefore illegal and cannot be allowed to be continued.
Accordingly, the petition is allowed. The FIR in Crime No.354/2012 and all consequent proceedings arising therefrom insofar as the petitioner herein is concerned are hereby quashed.
Sd/- JUDGE VP