IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.457 OF 2014 BETWEEN:
1. PARTHASARATHY S/O LATE RAMACHANDRAPPA AGED ABOUT 67 YEARS 2. NAGARAJ S/O LATE RAMACHANDRAPPA AGED ABOUT 62 YEARS 3. R VENUGOPAL S/O LATE RAMACHANDRAPPA AGED ABOUT 62 YEARS 4. SRIPATHI S/O LATE RAMACHANDRAPPA AGED ABOUT 52 YEARS 5. RAGHU S/O PARTHASARATHI AGED ABOUT 40 YEARS 6. HARI S/O KRISHNAMURTHY AGED ABOUT 37 YEARS 7. GOVINDAPPA S/O LATE PAPANNA AGED ABOUT 70 YEARS 8. LAKSHMINARAYANA S/O GOVINDAPPA AGED ABOUT 42 YEARS 9. MUKUNDAPPA S/O GOVINDAPPA AGED ABOUT 42 YEARS PETITIONERS NO. 1 TO 9 ARE RESIDENTS OF MARENAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK KOLAR DISTRICT-563101.
10. PRABHAKAR S/O MUNIVENKATASWAMY AGED ABOUT 37 YEARS 11. SURYAPRAKASH S/O KRISHNAMURTHY AGED ABOUT 41 YEARS PETITIONERS NO. 10 TO 11 ARE RESIDENTS OF HOLUR VILLAGE AND HOBLI KOLAR TALUK KOLAR DISTRICT-563101.
... PETITIONERS (BY SRI: A V RAMAKRISHNA, ADVOCATE) AND RAJARAM S/O LATE RAMACHANDRAPPA MAJOR RESIDING AT PULUGUNI KOTE, SRINIVASAPURA TALUK KOLAR DISTRICT-563135.
(BY SRI: T M VENKATA REDDY, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED:19.11.13 PASSED BY THE PRL.S.J., KOLAR IN CRL.RP.NO.80/11 CONSEQUENTLY QUASH THE ORDER DATED:22.10.11 PASSED BY THE I ADDL.C.J AND JMFC, KOLAR IN C.C.NO.471/11 (PCR NO.134/11) AND PRIVATE COMPLAINT IN THE SAID CRIMINAL CASE NUMBER PENDING ON THE FILE OF THE I ADDL.C.J AND JMFC, KOLAR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners. Learned counsel for the respondent is absent.
2. The petitioners have sought to quash the proceedings initiated against them in C.C.No.471/2011 for the offences punishable under sections 447, 428, 379, 506 and 500 r/w 34 Indian Penal Code.
3. The respondent herein filed a private complaint against the petitioners under Section 200 Cr.P.C. seeking action against the petitioners for the above offences. The material allegations made in the complaint read as under:-
“That the complainant being in possession of the lands bearing Sy.Nos.23, 26, 27, 25, 24, 95, 23 and other lands situated at Marenhalli village, Holur Hobli, Kolar Taluk, and raising crops therein and there are fruits yielding tamarind and other trees existing in the said lands.
The accused by setting up unlawful assembly illegally committed theft of usufructs of the trees and also caused damage to the various crops raised in the lands and further causing threats to the life of the complainant on 25.05.2009.
Further the accused has committed theft of the properties of the complainant by taking undue advantage of the law abiding and god fearing nature of the complainant.”
4. The respondent is none other than elder brother of petitioner Nos.1 to 4. In page 11, para 7 of the petition, it is stated that there was property dispute between the petitioners and the respondent; the claim made by the parties before the Special Deputy Commissioner relating to the application filed by the father of petitioner Nos.1 to 4 for regrant of land which was inam land is pending before the Special Deputy Commissioner; during the pendency of the said application, the father of petitioner No.1 to 4 and respondent died and the LRs have been brought on record.
These averments have not been controverted by the respondent. These averments indicate that the property in respect of which alleged offences are committed is inherited by petitioner Nos.1 to 4 and the respondent in succession to their late father. Under the said circumstances, question of petitioners trespassing into the said properties and committing theft of usufructs of the trees does not arise at all. Even with regard to the alleged acts, there are no specific averments as to the “ time” of the alleged offences. Except making bald statement in the complaint that on 25.05.2009, the petitioners formed into unlawful assembly and committed theft of usufructs of the trees, it is nowhere alleged in the complaint as to the nature and quantity of the said usufructs said to have been carried away of the petitioners.
5. According to the complainant, the alleged incident had taken place on 25.05.2009. The private complaint is filed on 25.06.2011 more than two years after the date of the alleged incident. Even though it is stated that various complaints filed with the Kolar Rural police have not yielded any result, the complainant has not produced any material in proof of the same. In his sworn statement, he has alleged that the petitioners have committed theft of tamarind and mangoes from the property of value of Rs.5.00 to 6.00 lakhs. These allegations on the face of it appears to be false and baseless. No supporting material is produced either in proof of the alleged incident nor is there any material to prima-facie make out the ingredients of the offences alleged against the petitioners. The complaint does not indicate that the complainant was an witness to the alleged incident. Under the said circumstances, invocation of provision of Sections 506 and 500 Indian Penal Code are wholly baseless and unfounded. The manner in which the allegations are made against the petitioners indicate that only to settle scores with the petitioners against whom the respondent is ill-disposed, criminal prosecution appears to have been foisted against the petitioners making false and baseless allegations. Said allegations do not prima-facie constitute ingredient of the criminal charges against the petitioners. Hence, the prosecution of the petitioners being malicious, ulteriorly motivated and is calculated to settle score is nothing but abuse of process of Court and therefore cannot be allowed to be continued.
Accordingly, the petition is allowed. The proceedings initiated against the petitioners in C.C.No.471/2011 pending on the file of I Addl. Civil Judge and JMFC, Kolar are quashed.
Sd/- JUDGE *mn/-