IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2419 OF 2013 BETWEEN 1. SRI D M RAJU S/O MARIYAPPA, AGED ABOUT 48 YEARS, R/AT NO.21/6, 2ND MAIN ROAD, CHAMUNDESWARI LAYOUT, VIDYARANYAPURA POST BANGALORE-97.
2. SRI NAGARAJU S/O GANAGAIAH, AGED ABOUT 45 YEARS, NO.70, JYOTHI NIVAS, 7TH MAIN, MEENAKSHINAGAR, KAMAKSHIPALYA, BANGALORE-560 079.
(BY SRI SHIVARUDRA - ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER, GANGAMMA GUDI POLICE STATION, BANGALORE CITY-97.
... PETITIONERS REPRESENTED BY SPP, HIGH COURT OF KARNATAKA.
2. SMT. THIMMAKKA, W/O LATE HANUMANTHAPPA, AGED ABOUT 63 YEARS, 3. SMT. NEELAMMA D/O LATE HANUMANTHAPPA, AGED ABOUT 37 YEARS BOTH ARE R/AT LAKSHMIPURA VILLAGE, YESHWANTHPURA HOBLI, VIDYARANYAPURA POST, BANGALORE-560 097.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP-II FOR R1, SRI A.V. RAMAKRISHNA, ADV. FOR R2 & R3 ) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN PCR NO.3132/2013 ON THE FILE OF THE VIII A.C.M.M., BANGALORE CITY REGISTERED AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought to quash the private complaint registered against them for the offences punishable under Sections 463, 468, 469, 471, 415 and 420 read with Section 32 of the Indian Penal Code, 1860 and Sections 3(iv) (v)(xi)(xv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The learned counsel for the petitioners submits that the dispute between the parties is purely civil in nature and an original suit in O.S.No.1050/2010 is pending between the petitioners and the respondents for declaration and cancellation of the registered sale deed. The private complaint is filed on the very same allegations. Hence, the initiation of criminal action against the petitioners is mala fide and ulteriorly motivated and amounts to an abuse of process of court.
3. Learned HCGP who has taken notice for Respondent No.1 submits that on entertaining the complaint, the same was referred for investigation under Section 156(3) of Cr.P.C. in Crime No.79/2013 is registered in Gangammagudi Police Station for the above offences.
4. Since the private complaint contains allegations prima facie constituting the ingredients of the above offences, the matter requires to be investigated. Therefore, at this stage, it is not proper to quash the proceedings. Accordingly, the petition is dismissed. All the contentions raised by the petitioners are left open.
I.A.No.1/2016 for vacating stay is also dismissed as does not survive for consideration.
SD/- JUDGE KS