IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2274 OF 2013 BETWEEN:
1. PUTTAPPA S/O MARIYAPPA AGE 92 YEARS 2. KEMPAMMA W/O PUTTAPPA AGE 82 YEARS BOTH ARE RESIDENT OF R/O ADAGANAHALLI VILLAGE K.R. NAGAR TALUK MYSORE DISTRICT – 571 602 3. MAHADEVA GP S/O PUTTAPPA AGE 46 YEARS ALL ARE R/O 145/9 ARKANATHA ROAD, KR NAGAR MYSORE DISTRICT-571 602 ... PETITIONERS (BY SHRI. SYED AKBAR PASHA, ADVOCATE FOR SHRI. MAHANTESH S. HOSMATH, ADVOCATE) AND:
STATE BY K.R. NAGAR TOWN POLICE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED IN CR. NO.218/2011 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 427 & 506 R/W 34 OF IPC BY K.R.NAGAR TOWN P.S., WHICH IS PENDING ON THE FILE OF THE C.J. (JR. DN.) AND J.M.F.C., K.R.NAGAR.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This is an unfortunate case in which parents aged 92 and 82 years are facing prosecution initiated by their son by filing a complaint in the year 2011 alleging that some trees which were in the land belonging to the Joint Family Property were cut without his permission.
2. Based on the complaint, FIR No.218/2011 was registered in K.R. Nagara Police Station alleging commission of offences punishable under Sections 427 & 506 read with Section 34 of IPC. Police, after investigation have filed the charge sheet on 24.05.2012. In about two months thereafter, complainant passed away. This petition is filed in the year 2013, by parents and brother of the complainant.
3. It is now submitted by the learned advocate for the petitioners that petitioner No.1 (father) also passed away on 10.02.2016 and prosecution is against complainant’s mother, who is now aged 88 years and complainant’s brother.
4. I have carefully considered the rival contentions and perused the records.
5. The complaint contains specific allegation that accused and others had cut some trees standing on the Joint Family Property. The very averment that the trees were in ‘Joint Family Property’ is sufficient to hold that charge of ‘mischief causing damage’ under Section 427 of IPC must fail.
6. It is not in dispute that the accused, on the date of filing of this petition were aged about 92 and 82 years. Petitioner No.1 has passed away in the year 2016. Petitioner No.2, who is now aged 88 years and petitioner No.3 being complainant’s mother and brother respectively are now facing the criminal prosecution. Further, complainant has passed away on 24.07.2012. In the circumstances, no useful purpose would be served by continuing the criminal proceedings against the petitioners.
7. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings pursuant to registration of FIR No.218/2011 pending on the file of Civil Judge (Jr.Dn.) and JMFC, K.R. Nagar, are quashed.
No costs.
Sd/- JUDGE AV